Patna High Court
Dr. Sunil Kumar Singh vs The State Of Bihar on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20639 of 2021
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1. Dr. Sunil Kumar Singh S/o Birendra Kumar Singh Resident of Reeta Niwas,
Shivpuri Lane No.01, Mahammadpur Kazi Muzaffarpur- 842001. Presently
working on post of Associate Professor, Department Zoology, Lalit Narayan
Tirhut College, Muzaffarpur a constituent College of B.R. Ambedkar, Bihar
University Muzaffarpur.
2. Dr Usha Kumari W/o Sunil Kumar Singh Resident of 540 Damuchak
Majhauli Gumti Road, Lane No.1, Near Shiv Mandir Ward Shivpuri
Dharampur Muzaffarpur 842001. Presently working on post of Associate
Professor, Department Zoology, M.D.D.M College Muzaffarpur, a
constituent college of B.R. Ambedkar, Bihar University Muzaffarpur.
3. Dr Ugra Mohan Jha Son of Girendra Mohan Jha Resident of Prakar Raj
Bhawan Naya Tola Sri Krishna Puri Post H.P.O., Nayatola, Muzaffarpur
842001, Presently working on the post of Associate Professor, Department
Commerce, Lalit Narayan Tirhut 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. Madanjeet Kumar (Gp20)
Mr. Nikhil Agarwal, 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 petitioners and Mr. Nikhil Agarwal for the
respondent/University. The State is represented by Mr.
Madanjeet Kumar - GP 20.
Patna High Court CWJC No.20639 of 2021 dt.28-01-2022
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 petitioners who have been
rendering their services as Associate Professor applied for
being considered for being promoted to the post of
Professor.
Notwithstanding the aforesaid representation
having been filed by the petitioners long time ago, no
decision has as yet been taken and the petitioners have
also not been informed about the outcome of the aforesaid
representation.
Mr. Nikhil Agarwal, 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 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.
Patna High Court CWJC No.20639 of 2021 dt.28-01-2022
In that view of the matter, such communication
be taken as response to the representation preferred by
the petitioners.
There is no necessity of this Court in directing the
Registrar of the respondent/University to dispose of the
representation of the petitioners as the petitioners have
now come to know the reason for their representation not
having been acted upon up till now.
However, in case the amendment in the statute is
carried out and the petitioners are eligible for being
promoted under either merit promotion scheme or career
advancement scheme, they 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
