Patna High Court
Rohit Kumar vs The State Of Bihar on 10 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16294 of 2023
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Rohit Kumar S/o Late Khokha Das, Resident of Village and Post- Oriup, P.S.-
Antichak (Kahalgaon) District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Higher Education, Govt. of Bihar, Patna.
4. The Vice-Chancellor, Munger University, Munger.
5. The Pro Vice Chancellor, Munger University, Mungar
6. The Registrar, Munger University, Munger.
7. The Principal, R.D. and D.J. College, Munger, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Brij Mohan Kumar, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
For the Munger University: Dr. Anand Kumar, Advocate
Mr. Rajan Prakash, Advocate
Ms. Vijeta Kumari, Advocate
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 10-09-2025
Heard Mr. Brij Mohan Kumar, learned counsel
appearing on behalf of the petitioner; Mr. Madanjeet Kumar
learned GP-20 appearing on behalf of the State and Mr. Rajan
Prakash, learned counsel appearing on behalf of the Munger
University.
2. The petitioner, who is a Grade-IV employee in
the Munger University, is aggrieved by the action of the
Patna High Court CWJC No.16294 of 2023 dt.10-09-2025
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respondent-University in not promoting the petitioner to the
post of Junior Clerk/Lower Division Clerk. The petitioner also
alleges that vide letter as contained in Memo No. Estb/130-
1075/2013 dated 25.01.2023 issued by the Vice Chancellor,
Munger University, persons junior to the petitioner have been
promoted from the post of Grade-IV employee to the post of
Junior Clerk/Lower Division Clerk.
3. Respondent-University has filed a counter
affidavit.
4. From the counter affidavit filed by the
respondent-University, it appears that the application for
promotion to the post of Junior Clerk/Lower Division Clerk
was invited on 19.07.2022 and thereafter, departmental
examination for the purpose was conducted on 13.11.2022. It
further appears from paragraph no. 7 of the counter affidavit
filed by the respondent-University that the decision regarding
the promotion of the petitioner to the post of Junior
Clerk/Lower Division Clerk has not been taken by the
authorities of the University on the ground that the petitioner
has not submitted the requisite documents as has been asked
by the University authorities vide its letters dated 22.12.2022
and 23.12.2022. A chart has also been enclosed as Annexure-
Patna High Court CWJC No.16294 of 2023 dt.10-09-2025
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B to the counter affidavit filed by the respondent-University
indicating that the petitioner has not submitted documents
against the university letters dated 22.12.2022 and
23.12.2022.
5
. Vide letter dated 22.12.2022 (Annexure-A to the
counter affidavit filed by the respondent University) issued by
the Registrar of the Munger University, it has been pointed
out that intermediate and character certificates were asked to
be submitted by the candidates seeking promotion to the post
of Junior Clerk/Lower Division Clerk.
6. Letter dated 23.12.2022 issued by the Registrar of
the Munger University is the reiteration of the letter dated
22.12.2022 reminding the candidates seeking promotion to
the post of Junior Clerk/Lower Division Clerk to submit
character certificate.
7. Petitioner has filed a reply affidavit to the counter
affidavit filed by the respondent Nos. 4 to 6, wherein, in
paragraph No. 6, it has been stated that the petitioner has
submitted the requisite documents on 10.03.2025 to the Pro-
Registrar, Munger University, which were asked for by the
University to be submitted by the candidates seeking
promotion to the post of Junior Clerk/Lower Division Clerk.
Patna High Court CWJC No.16294 of 2023 dt.10-09-2025
8. The intermediate as well as character certificates
submitted by the petitioner have also been enclosed in the
reply affidavit to the counter affidavit filed by the respondent
Nos. 4 to 6.
9. Since the ground for not taking any decision with
regard to the promotion of the petitioner to the post of Junior
Clerk/Lower Division Clerk was the non submission of the
intermediate pass certificate as well as the character certificate
which stands now submitted by the petitioner on 10.03.2025
to the Pro-Registrar, Munger University as indicated in the
reply affidavit to the counter affidavit filed by the respondent
Nos. 4 to 6, this writ petition is hereby disposed off with a
direction to the respondent Nos. 4 to 6 to take a decision in
the matter of promotion of the petitioner to the post of Junior
Clerk/Lower Division Clerk pursuant to invitation of an
application by the University dated 19.07.2022 and the
departmental examination conducted on 13.11.2022 in the
light of the intermediate pass certificate and the character
certificate submitted by the petitioner as discussed
hereinabove.
10. The decision in this regard shall be taken by the
University within a period of six weeks from the date of
Patna High Court CWJC No.16294 of 2023 dt.10-09-2025
receipt of certified copy of this order.
11. The writ petition is disposed off with the above
direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.09.2025
Transmission Date NA
