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Patna High Court
Devendra Kumar Mishra vs The State Of Bihar on 24 December, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20750 of 2025
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1. Devendra Kumar Mishra Son of Raghav Sharan Mishra, Resident of
Mohalla- Belwa More, P.S.- Loria, District- West Champaran.
2. Akabri Kumari, Wife of Jitendra Kumar Jha, Resident of Shanti Nagar,
Talkhapur, P.S.- Punaura, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary (Resources), Finance Department,
Government of Bihar, Patna.
2. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, P.S.-
L.N. Mithila University Campus, District- Darbhanga through its Registrar.
3. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwar Nagar, Darbhanga.
5. The Governing Body, Jutha Lal Sanskrit College, Majhauliya District West
Champaran through its Secretary.
6. Bihar College Service Commission, Boring Canal Road, Patna through its
Secretary.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kripa Nand Jha, Advocate
For the KSD University : Mr. Jai Prakash Singh, Advocate
For the State : Mr. Rajeshwar Singh GA-10
Mr. Jitendra Kumar, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 24-12-2025
Heard learned counsel for the petitioners, learned
counsel for Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga and learned counsel for respondents-State.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. In the present writ application the petitioners have
prayed for the grant of following reliefs:
Patna High Court CWJC No.20750 of 2025 dt.24-12-2025
"(i) For issuance of an appropriate direction,
order or writ in the nature of mandamus
commanding the respondents to treat the
service of the petitioner from the date of their
recommendation by the Bihar College Service
Commission i.e. w.e.f. 10.10.2002 or at least
from the date of submission of joining by the
petitioners in the college pursuance to the
recommendation made by the Bihar College
Service Commission and to that extent the
Memo No. 1971, dated 14.02.2023, in so far
as, it is related to the petitioners may kindly be
quashed.
(ii) For further commanding the respondents
to treat the service of these petitioners under
the old pension scheme keeping in view that
these petitioners were selected and appointed
pursuant to advertisement dated 06.11.1993
and 03.10.1994 respectively issued by the
Bihar College Service Commission and it is
immaterial when the services of the petitioners
were approved by the University for the simple
reason that it was the duty of the University to
approve the service and to that extent quashed
the letter issued by the University to apply
online for PRAN No. for the purpose of
treating their service under new pension
scheme.
(iii) For any other relief/reliefs to which the
petitioner may be found entitled to, in the facts
and circumstances of the case."
4. After advancing some argument, learned counsel
for the petitioners submit that the petitioners are ready to file a
Patna High Court CWJC No.20750 of 2025 dt.24-12-2025
detailed representation before the Registrar of Kameshwar
Singh Darbhanga Sanskrit University, Darbhanga and pray that
the same may be directed to be disposed of within a fixed time
frame after giving an opportunity of hearing to the petitioners.
5. To the aforesaid prayer being made by learned
counsel for the petitioners, learned counsel appearing for the
respondent University and learned counsel for respondent-State
do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
is disposed of granting liberty to the petitioners to file a detailed
representation before the Registrar, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga within one month
from the date of passing of this order. If such a representation is
filed by the petitioners, the same shall be considered and
disposed of within a further period of six months from the date
of filing of the representation, after giving an opportunity of
hearing to the petitioners. Needless to emphasize that the final
order which shall be passed by the Registrar, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga should be a reasoned
and speaking order and in case the petitioners are found entitled
to the relief, which they would be claiming in their
Patna High Court CWJC No.20750 of 2025 dt.24-12-2025
representation then the same should be extended to them within
a further period of three months from the date of passing of the
final order.
7. With the aforesaid observation and direction and
liberty as granted, the present writ application stands disposed
of. Pending I.As, if any will be deemed to have been disposed
of.
(Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.11.2025
Transmission Date NA
