Patna High Court
Jyoti Kumar vs The State Of Bihar on 17 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 8049 of 2023
======================================================
1. Jyoti Kumar S/o- Balkrishna Prasad Singh Resident of Chhawani Jaynandan
Bigha, PO.- Tekari, P.S.- Tekari, District- Gaya (Bihar).
2. Amit Kumar S/o- Nawal Kishore Prasad Resident of village Haibatput, P.O.-
Bhojur, P.S.- Khusrupur, District- Patna (Bihar).
3. Kanishak Kumar S/o- Kripanand Prasad Resident of village Naughar, P.O.-
Ashari, P.S.- Hilsa, District- Nalanda (Bihar).
4. Santosh Kumar S/o- Nand lal Prasad Resident of village Panchanpur, P.O.-
Panchanpur, P.S.- Tekari, District Gaya (Bihar).
5. Ajeet Kumar Gupta S/o- Sidhnath Prasad Gupta Resident of mohalla Tekari,
P.O.- Tekari, P.S.- Tekari, District- Gaya (Bihar).
6. Raushan Kumar S/o- Niwar Kumar Resident of village Bhawnathpur, P.O.-
Rannuchak Makandpur, P.S.- Akbarnagar, District- Bhagalpur (Bihar).
7. Navneet Mani S/o- Vinod Kumar Resident of village Bathnaha @ Madhopur
Ram, PO.- Baketpur, P.S.- Kathaiya, District- Muzaffarpur (Bihar).
8. Santosh Kumar S/o- Sitaram Das Resident of Mogalpura Chhatte Tal, Patna
city, P.O.- Jhauganj, P.S.- Khajekala, District- patna (Bihar).
9. Ravi Ranjan Kumar S/o- Umesh Raj Resident of Ward no. 14, Lohagir, P.S.-
Ujjagirpur, District- Samastipur (Bihar).
10. Aman Kumar S/o- Lal Bahadur Ray Resident of Ward no.5 Belsandi, P.S.-
Besandi, District- Samastipur (Bihar).
11. Pappu Kumar S/o- Ganesh Prasad Ray Resident of Ward no.13, Lohangir,
P.S.- Ujjayirpur, District- Samastipur (Bihar).
12. Sunny Kumar S/o- Gopal Pandit Resident of Chailital, Patna City, P.S.-
Khajekala, District- Patna (Bihar).
13. Deepak Kumar S/o- Sanjay Prasad Rastogi Resident of Ward no.2, Chhoti
Ballia Barar, P.S.- Balia, District- Begusarai (Bihar).
14. Amit Kumar S/o- Vinod Pandit Resident of Ward no.8, Ayodhya, P.S.-
Teghra, District- Begusarai (Bihar).
15. Jagdish Kumar S/o- Motilal Resident of Tekari, P.S.- Tekari, P.O.- Tekari,
District- Gaya(Bihar).
16. Sulekha Kumari D/o-Seetaram Das Resident of village Loha Ka Pul, Beldari
Tola, Patna City, P.S.- Mehndiganj, P.O.- Jhauganj, District- Patna (Bihar).
17. Mukesh Kumar S/o-Abhay Kumar Resident of Mohalla Rikabganj, Main
Road, P.S.- Tekari, P.O.- Tekari, District- Gaya (Bihar).
18. Mirtunjay Kumar S/o-Maheshwar Pasad Singh Resident of Rikabganj, P.S.-
Tekari, P.O.- Tekari, District-Gaya (Bihar).
19. Ranveer Singh S/o- Bhagwan Singh Resident of Manika, P.S.- Madanpur,
District- Aurangabad (Bihar).
20. Raj Kumar S/o- Naresh Rai Resident of New Bigrahpur Bus Stand, P.S. and
P.O.- Patna G.P.O, District- Patna (Bihar).
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
2/7
21. Kamal Ashraf S/o- Sagir Ahmad Resident of- B 1149/4 Kareli, P.S. and P.O.-
G T B Nagar, District- Alahabad (Uttar Pradesh).
22. Satyapal Kumar S/o- Kishore Singh Resident of Parasabad, P.S.- Gargi,
P.O.- Koderma, District- Koderma (Jharkhand).
23. Ashwani Raj S/o- Jay Prakash Singh Resident of Dharhara, P.S.- Paliganj,
P.O.- Paliganj, District- Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar Through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Under Secretary, Revenue and Land Reforms Department, Government
of Bihar, Patna.
4. The Director, Land Records And Survey, Revenue and Land Reforms
Department, Government of Bihar, Patna.
5. The Registrar, CMJ University, campus Jorabat, Ri-Bhoi, District-
Meghalaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr P N Shahi, Sr Advocate with
M/s Samir Kr, Saurav Singh, Smriti Singh, Subhash
Kr, Amit Maharaj, Advocates
For the S t a t e : Mr.Sajid Salim Khan (Sc25)
For the U n i v e r s i t y : Mr Vindhyachal Singh, Sr Advocate with
Mr Abhimanyu Deo, Advocate
======================================================
CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 17-06-2025
The petitioners have preferred this petition seeking the
following reliefs:
"(i) For issuance of a writ/writs in the
nature of certiorari to set aside order contained
in letter No 01/Bhu A Ni (3) Vi Survey Amin
(document verification)/16/2021 (Kand Ka) 4700
dated 22.12.2022 issued by Director, Land
Records and Survey, Revenue and Land Reform
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
3/7
Department, Bihar Government (Respondent No
4) by which he has been pleased to hold that
certificates of Diploma in Civil Engineering
produced by the petitioners are forged one and
their appointments on the posts of Special Survey
Amin has been further cancelled;
(ii) For further holding that
Certificates of Diploma in Civil Engineering
obtained by petitioners as genuine and bona fide;
(iii) For any other reliefs to which the
petitioners are found entitled to in the facts and
circumstances of this case."
2 The petitioners have also challenged the order dated
23.11.2023
(Annexure 16) whereby the appeal preferred by them
has been rejected by the Appellate Authority.
3 Brief facts of the case are that the petitioners are
Diploma (Civil Engineering) Holders from the CMJ University,
Meghalaya and had completed their Diploma in different years.
The Directorate of Land Reforms and Survey came out with
Advertisement No 1 of 2019 for the recruitment of different posts
on contractual basis for a period of 11 months subject to issuance
of contract after 11 months on satisfactory performance. In this
advertisement, the position of Special Survey Amin was also
advertised and against these posts, all the petitioners herein applied
and selected and got appointment on the post of Special Survey
Amin. They joined their duty. Subsequently, show cause notices
were issued and they were asked to give explanation about their
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
verification of documents because the concerned University
(Respondent No 5) has informed that registration number of the
petitioners have not been issued by the University. Some of the
petitioners wrote letters to the University which informed that the
documents are not fake, further requested to rectify the clerical
error and also requested sometime for verifying the facts.
Subsequently, the University informed the respondents that there
was wrong information given by the University giving its reasons
but it was not considered by the respondents. The impugned order
dated 22.12.2022 (Annexure 9) has been passed whereby the
services of the petitioner herein have been terminated. Some of
the petitioners preferred an appeal against the said order which has
also been rejected by the Appellate Authority vide its order dated
23.11.2023 (Anexure 16). Hence, this petition.
4 I have heard learned counsel appearing for the parties.
Perused the documents annexed with the petition as well as the
counter affidavit submitted by the respondents and the rejoinder, as
submitted by the petitioners.
5 On perusal of the pleadings, the supplementary
affidavit dated 23.11.2024 of respondent No 5 and the documents
annexed therein, it is clear that on the basis of an FIR registered
against Respondent No 5, the State of Meghalaya vide its order
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
dated 31.03.2014 passed the order of dissolution of the CMG
University (Respondent No 5) which has been challenged by the
University before the Meghalaya High Court and a learned Single
Judge of the Meghalaya High Court in Writ Petition No 177 of
2014, on ground of non-compliance of principles of natural justice,
set aside the order dated 31.03.2014 vide its judgment dated
16.07.2015 (Annexure F). The above order has been challenged
by the State of Meghalaya by filing Writ Appeal No 14 of 2017
which was decided on 06.05.2021 and order passed by the learned
Single Judge dated 16.07.2015 has been set aside and the matter
was remitted back to the learned Single Judge for adjudication on
merit. Respondent No 5 approached the Supreme Court
challenging the order dated 06.05.2021 passed by the Division
Bench of the High Court of Meghalaya and vide order dated
01.06.2021, Hon'ble the Supreme Court directed the parties to
maintain status quo as to the functioning of the University in SLP
(C) No 7081 of 2021. A categorical stand has been taken by
Respondent No 5 that after passing of the order dated 16.07.2015
by the learned Single Judge of the Meghalaya High Court, the
State of Meghalaya allowed the University to function for 9
academic years without any complaint and Respondent No 5
continuously functioned from 2015 till date without any demur.
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
Categorical pleading has been taken by the University that the
State Government/UGC had allowed the University to function
smoothly from the academic year, 2015-2016 to 2023-2024. The
above stand taken by the University has not been rebutted by the
other respondents in their counter affidavit. Thus, it is quite clear
that the University (Respondent No 5) was functioning from
academic year, 2015-2016 to 2023-2024.
6 Second supplementary counter affidavit of Respondent
No 5 dated 20.01.2025 further shows that again the University has
taken the stand that the degree of the petitioners has been verified
by the University and it was found that all the petitioners herein
have passed their examination in the year, 2018 which is also
mentioned in the document (Annexure M) annexed with the
supplementary counter affidavit dated 20.01.2025.
7 As contained in the document (Annexure M), it is
quite clear that all the petitioners herein have passed their
examination from the CMG University (Respondent No 5) in the
year, 2018, i e, prior to their recruitment which has not been
disputed by the counsel for the other respondents, i e, the State of
Bihar. Therefore, on this ground alone, both the orders impugned
are liable to be set aside. Accordingly, both the orders impugned
dated 22.12.2022 and 23.11.2023 are set aside.
Patna High Court CWJC No.8049 of 2023 dt.17-06-2025
8 The matter is remitted back to the concerned
respondents to take a decision afresh in the light of the stand taken
by Respondent No 5 in this petition, as mentioned above.
9 Needless to say that the concerned respondents will
pass a reasoned order as early as possible preferably within a
period of 30 days from the date of receipt of a copy of this order.
10 The petitioners are at liberty to approach this Court
again, if occasion arises later on.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.06.2025
Transmission Date NA
