Patna High Court
Dr. Anita Ghosh vs The State Of Bihar on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20465 of 2021
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Dr. Anita Ghosh W/o Dr. S.K.Paul, resident of Kanhauli Khadi Bhandar, near
Dutta garden, Mushari, Muzaffarpur-842002, presently working on post of
Associate Professor, H.O.D. English, R.D.S. College Muzaffarpur a
constituent college of B.R. Ambedkar, Bihar University, Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Education Department,
Bihar, Patna.
2. The Chancellor of Universities of Bihar, Raj Bhawan, Patna.
3. The B.R. Ambedkar Bihar University Muzaffarpur through its Registrar.
4. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.
5. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Dayal, Advocate
For the Respondent/s : Mr. Jitendra Kr. Roy 1 (Sc13)
Mr. Sanjeev Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 28-01-2022
Heard Mr. Rajesh Dayal, learned Advocate for the
petitioner and Mr. Sanjeev Kumar for the
respondent/University. The State is represented by Mr.
Jitendra Kumar Roy-1.
Pursuant to a communication made by the
Registrar of Baba Saheb Bhim Rao Ambedkar Bihar
University dated 02.12.2019 inviting applications in
prescribed proforma for promotion to the rank of
Reader/Professor under merit promotion scheme/career
advancement scheme, the petitioner who has been
rendering her services in the department of English as
Patna High Court CWJC No.20465 of 2021 dt.28-01-2022
Associate Professor applied for being considered for being
promoted to the post of Professor.
Notwithstanding the aforesaid representation
having been filed by the petitioner long time ago, no
decision has as yet been taken and the petitioner has also
not been informed about the outcome of the aforesaid
representation.
Mr. Sanjeev Kumar, learned counsel for the
University, however, has informed this Court that a
general notice has been issued by the Registrar of the
University on 20.09.2021 intimating all such candidates
who had made such application before the Registrar that
because of some amendment having been made in the
rules regarding promotion and its further consideration in
the Raj Bhawan, all decisions regarding promotion have
been kept in abeyance temporarily.
In that view of the matter, such communication
be taken as response to the representation preferred by
the petitioner.
There is no necessity of this Court in directing the
Registrar of the respondent/University to dispose of the
representation of the petitioner as the petitioner has now
come to know the reason for his representation not having
been acted upon up till now.
Patna High Court CWJC No.20465 of 2021 dt.28-01-2022
However, in case the amendment in the statute is
carried out and the petitioner still is eligible for being
promoted under either merit promotion scheme or career
advancement scheme, he shall file such application afresh
in the prescribed format on being informed by the
University forthwith which shall be taken into consideration
by the concerned respondent without any delay.
With the aforesaid direction/observation, the writ
petition is disposed off.
(Ashutosh Kumar, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2022
Transmission Date
