Patna High Court
Abdul Baquee vs The State Of Bihar on 21 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11012 of 2023
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1. Abdul Baquee Son of Syed Tabbab Asraf, Resident of Nawab Colony,
Jarlahi Road, Post Office - City Post Office, Bhagalpur, Police Station-
Habibpur, District- Bhagalpur, Bihar- 812002.
2. Shubham Kumar Son of Late Rajendra Prasad Yadav, Resident of Village-
Sahebganj, Police Station- University Thana, Post Office- Champanagar,
District- Bhagalpur, Bihar- 812004.
3. Sushil Kumar Das Son of Shishar Das, Resident of House No. 5, Nisfaambe,
Post Office- Sahjadpur, Police Station- Madhusudanpur, District- Bhagalpur,
Bihar- 812005.
4. Dhiraj Kumar Yadav Son of Late Hari Prasad Yadav, Resident of village -
Kutubganj, Post Office Mirjan Hat, Police Station Majahidpur, District
Bhagalpur, Bihar-812005.
5. Mukesh Kumar Son of Late Ashok Kumar Sharma, Resident of village
Sahebganj, Post Office - Champanagar, Police Station - Lalmatia Outpost,
District -Bhagalpur, Bihar-812004.
6. Brajesh Kumar Singh Son of Late Nand Lal Singh, Resident of village -
Bahbalpur, Post Office Nathnagar, Police Station Nathnagar, District - -
Bhagalpur, Bihar-812006.
7. Sudhir Kumar Son of Late Rohin Tanti, Resident of village - Bhikhanpur,
Gumti No.1, Post Office - Head Post Office, Police Station - Ishak Chak,
District - Bhagalpur, Bihar-812001.
8. Mohammad Nayyer Azam Son of Md. Hamid, Resident of village - Tatarpur,
Post Office - Tatarpur, Police Station - Tatarpur, District - Bhagalpur, Bihar -
812002.
9. Sachidanand Thakur Son of Late Kamleshwari Thakur, Resident of village -
Sahebganj, Post Office Champanagar, Police Station - University Thana,
District - Bhagalpur, Bihar-812004.
10. Manoj Kumar Singh Son of Late Saryug Prasad Singh, Resident of village -
Panchshil Nagar, Post Office Barh, Police Station - Barh, District - Patna,
Bihar- 803213.
11. Anil Kumar Jha Son of Late Mangnu Jha, Resident of village - Sonapattin,
Post Office - City Post Office, Police Station - Kotwali, District - Bhagalpur,
Bihar - 812002.
12. Suman Kr. Suman Son of Late Shital Chaudhary, Resident of village -
Warsaliganj, Post Office Mirjanhat, Police Station - Babarganj, District
-Bhagalpur, Bihar-812005.
13. Ranjan Kumar Son of Late Bhola Mandal, Resident of village - Nasrat
Khani, Post Office - Nath Nagar, Police Station - Lalmatia Out Post, District
-Bhagalpur, Bihar - 812004.
14. Madan Kumar Mandal Son of Late Ganga Mandal, Resident of village 24
Paragana, Post - Office T.N.B. College, Police Station University Thana,
District - Bhagalpur, Bihar-812007.
15. Chand Kumari Daughter of Late Rajeev Ranjan Sharma, Resident of village-
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
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24 Paragana, Post Office- T.N.B. College, Police Station - University Thana,
District - Bhagalpur, Bihar-812007.
16. Ajit Kumar Son of Late Raja Ram Singh, Resident of village - Khutahadih,
Post Office - Khutahadih, Police Station Barahiya, District Lakhisarai, -
Bihar-811302.
17. Shailendra Kumar Son of Late Akhileshwari Paswan, Resident of village -
Mahmadpur, Post Office- Nath Nagar, Police Station Madhusudanpur,
District-Bhagalpur, Bihar-812006.
18. Arvind Kumar Son of Late Jagdish Prasad Yadav, Resident of village
Sahebganj, Post Office-Champanagar, Police Station - University Thana,
District -Bhagalpur, Bihar-812004.
19. Ashok Kumar Son of Late Kaiel Baitha, Resident of village - Kishunpur
Madhuban, Post Office - Kishunpur Madhuban, Police Station - Kudhni,
District- Muzaffarpur, Bihar - 844127.
20. Minu Kumari Daughter of Late Shiv Shankar Singh, Resident of Mohalla-
Quarter No. 10, Post Office - T.N.B. College, Police Station - Tatarpur,
District- Bhagalpur, Bihar- 812002.
21. Sanjay Kumar Son of Late Hari Har Prasad Yadav, Resident of Village -
Narayanpur, Post Office - Narayanpur, Police Station - Bhawanipur, District
- Bhagalpur, Bihar - 853203.
22. Kumud Poddar Son of Late Dularu Poddar, Resident of village -
Kumharson, Post Office - Kumharson, Police Station - Garhpura, District -
Begusarai, Bihar-848204.
23. Amit Kumar Yadav Son of Sri Isho Prasad Yadav, Resident of village -
Chauhaddi, Post Office Chauhaddi, Police Station Narayanpur, District
Bhagalpur, Bihar-853203.
24. Bhagwat Singh Son of Late Rajendra Prasad Singh, Resident of village
Rajput Tola, Post Office Baijani, Police Station - Jagdishpur, District -
Bhagalpur, Bihar-813112.
25. Sanjeev Kumar Son of Late Bishram Rai, Resident of Mohalla - Bhikanpur
Gumati No.3, Post Office-Head Post Office, Police Station - Ishak Chak,
District- Bhagalpur, Bihar-812001.
26. Md. Jamshed Alam Son of Late Nasir Alam, Resident of Mohalla - Bihari
Mazumdar Lane, Post Office T.N.B. College, Police Station - Tatarpur,
District - Bhagalpur, Bihar-812002.
27. Md. Sattar Son of Late Md. Akbar, Resident of Mohalla - Imampur, Post
Office - City Post Office, Police Station - Habibpur, District - Bhagalpur,
Bihar - 813113.
28. Farhat Jabeen Wife of Md. Shafi Anwar, Resident of Mohalla - Urdu Bazar
Lane, Barai Chak-, Post Office - Tatarpur, Police Station - Tatarpur, District-
Bhagalpur, Bihar-812002.
29. Md. Faiyaz Alam Son of Late Irfan Ali, Resident of Mohalla - Asanandpur,
Post Office - City Post Office, Police Station - Kotwali, District - Bhagalpur,
- Bihar-812002.
30. Dilip Kumar Mandal Son of Late Ram Kishan Mandal, Resident of village -
Bari Khanjarpur, Post Office Bari Khanjarpur, Police Station - Barari,
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
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District - Bhagalpur, Bihar-812001.
31. Babita Kumari Wife of Ravikant Gopi, Resident of Mohalla- Gopi Nath
Ghosh Lane, Post Office-Champanagar, Police Station - Nath Nagar, District
- Bhagalpur, Bihar-812004.
32. Pankaj Kumar Son of Late Lukho Mandal, Resident of Mohalla - Dildarpur,
Post Office - Champanagar, Police Station Nathnagar, District - Bhagalpur,
Bihar-812004.
33. Dilip Kumar Son of Late Narendra Kumar, Resident of Mohalla - Urdu
Bazar, Jabbarchak Lane, Post Office - Naya Bazar, Police Station - Tatarpur,
District -Bhagalpur, Bihar-812002.
34. Gopal Kumar Son of Ram Prasad Mandal, Resident of Mohalla Netajee
Colony, Post Office - Champanagar, Police Station - Nath Nagar, District -
Bhagalpur, Bihar-812004.
35. Subodh Kumar Son of Late Rajnandan Prasad, Resident of village -
Faijalabad, Post Office - Mittan Chak, Police Station - Gopalpur, District -
Patna, Bihar- 804354.
36. Suresh Choudhary Son of Late Indu Chaudhary, Resident of village -
Makarampur, Post Office Ramoli, Police Station - Bahera, District -
Darbhanga, Bihar-847201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Higher Education, Education Department, Government of
Bihar, Patna.
4. The Tilka Manjhi Bhagalpur University, through the Learned Registrar,
Tilka Manjhi Bhagalpur University, Ravindra Bhavan Road, Sitanabad,
Tatarpur, Bhagalpur, Bihar-812007.
5. The Learned Vice-Chancellor, Tilka Manjhi Bhagalpur University, Ravindra
Bhavan Road, Sitanabad, Tatarpur, Bhagalpur, Bihar - 812007.
6. The Learned Registrar, Tilka Manjhi Bhagalpur University, Ravindra
Bhavan Road, Sitanabad, Tatarpur, Bhagalpur, Bihar -812007.
7. The Hon'ble Chancellor-cum-Governor of Bihar, Raj Bhawan, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Kaushik, Advocate
For the Respondent/s : Mr. Kamehswar Kumar, GP-17
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
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Date : 21-08-2025
Heard Mr. Kumar Kaushik, learned counsel appearing
on behalf of the petitioners and Mr. Kameshwar Kumar, learned
GP-17 appearing on behalf of the State.
2. The petitioners, thirty-six in numbers, who are
working on Group-D post in the Tilka Manjhi Bhagalpur
University, have filed this writ petition seeking a direction to the
respondents to consider their case for promotion in the post of
Group-C.
3. Respondent-University has filed a counter, wherein,
in paragraph No. 4, it has been stated as under:
"4. That the respondent
university respectfully begs to state
that since 2019, meeting of promotion
Committee for promotion of non
teachers has not been convened on
account of the fact that since 2019 to
2022, there was acting Vice
Chancellor(s) at the respondent
university. Permanent Vice-Chancellor
i.e. the present Vice-Chancellor took
his charge on 23.08.2022. At present,
the Vice-Chancellor and respondent
university had in compliance of letter
no. BSU (Directive)-43/2023-102/TO
(1) dated 12.01.2024 issued by the
office of Governor secretariat invited
applications in prescribed format from
3rd Grade and 4th Grade employee who
have been appointed against
sanctioned post and whose services
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
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were confirmed, for their promotion.
The last date for submitting
applications was fixed on 20.04.2025
which was later extended to
30.04.2025
and finally to 10.05.2025.
Subsequently, the present Vice-
Chancellor of the respondent
university was prohibited from taking
any policy decisions/appointment or
transfer etc. vide letter No.- BSU(VC)-
45/2019-857/Oo(1) dated 27.05.2025
issued from the office of Governor's
Secretariat, Bihar, Raj Bhawan, Patna.
Vide said letter, it was informed in a
special circumstance, in the interest of
work policy decision etc. may be taken
with prior approval from the Hon'ble
Chancellor, Universities of Bihar."
4. On perusal of paragraph No. 4 of the counter
affidavit filed by the respondent-University, which has been
extracted hereinabove, it is noticed that the present Vice-
Chancellor, in compliance of Letter No. BSU (Directive)-
43/2023-102/TO (1) dated 12.01.2024 issued by the Office of
Governor's Secretariat, had invited applications in prescribed
format of Grade-III and Grade-IV employees, who have been
appointed against the sanctioned post and whose services have
been confirmed for their promotion. The last date for submitting
applications was fixed on 20.04.2025 which was later on
extended to 30.04.2025 and finally to 10.05.2025. However, on
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
a subsequent date, the present Vice-Chancellor has been
prohibited from taking any policy decisions/appointment or
transfer etc. vide Letter No. BSU(VC)- 45/2019-857/Oo(1)
dated 27.05.2025 issued from the Office of Governor's
Secretariat, Raj Bhawan, Patna. In the said letter, it has also
been provided that in a special circumstance, in the interest of
work, policy decision may be taken with prior approval of the
Hon'ble Chancellor, University of Bihar.
5. Since, it appears from the counter affidavit of the
respondent No. 4 that the process for promotion of Grade-III
and Grade-IV employees was initiated in the year 2024 which,
however, could not be concluded due to the present Vice-
Chancellor having been prohibited from taking any policy
decision by the Hon'ble Chancellor of the University and that in
the interest of work, policy decision has been permitted to be
taken by the Vice-Chancellor with prior approval from the
Hon'ble Chancellor of the University, this writ petition is hereby
disposed of with a direction to the respondent-University to
consider the case of the petitioners for promotion to the next
Grade in accordance with Rules for such promotion, subject to
the vacancies available in the promotional post.
6. The consideration, as directed above, shall be made
Patna High Court CWJC No.11012 of 2023 dt.21-08-2025
as expeditiously as possible and in any case not later than two
months from the date of receipt of a certified copy of this order.
7. The writ petition is disposed off with the above
direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.08.2025
Transmission Date N/A
