Patna High Court
Braj Kishore Yadav vs The T.M. Bhagalpur University on 11 September, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5209 of 2025
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Sanju Devi W/o Late Raj Kumar Singh, R/o near Gaushala Road, Naugachia,
P.S.- Naugachia, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University Bhagalpur, through its Registrar.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Registrar, T.M. Bhagalpur University, Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
5. The Principal, T.N. B. Law College, Bhagalpur.
6. The Principal, M.A.M. College, Bhagalpur.
7. The State of Bihar, through the Additional Chief Secretary, Education Deptt.,
Govt. of Bihar, New Secretariat, Patna.
8. The Deputy Secretary, Education Department, Govt. of Bihar, New
Secretariat, Vikas Bhawan, Patna.
9. The Director, Higher Education Department, Govt. of Bihar, New
Secretariat, Vikas Bhawan, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 7747 of 2025
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Kumari Rajbala D/o Late Dr. Ashok Kumar Singh, W/o Praveen Kumar, R/o
Alkapuri, Bhagwanpur, P.S- Sadar, Town and District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University Bhagalpur, through its Registrar.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Registrar, T.M. Bhagalpur University, Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
5. The Principal, T.N.B. Law College, Bhagalpur.
6. The State of Bihar, through the Additional Chief Secretary, Education
Department, Govt. of Bihar, New Secretariat, Patna.
7. The Deputy Secretary, Education Department, Govt. of Bihar, New
Secretariat, Vikas Bhawan, Patna.
8. The Director, Higher Education Department, Govt. of Bihar, New
Secretariat, Vikas Bhawan, Patna.
... ... Respondent/s
======================================================
Patna High Court CWJC No.5209 of 2025 dt.11-09-2025
2/6
with
Civil Writ Jurisdiction Case No. 10727 of 2025
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1. Braj Kishore Yadav Son of Late Ramdev Prasad Yadav @ Late Ramdev
Yadav, Resident of Village- Khutaha, P.S- Lodipur, District- Bhagalpur.
2. Uday Kant Jha, S/o Late Chamak Lal Jha, R/o vill.- Dadnichak, P.S. -
Belhar, Dist. - Banka.
3. Bijay Prasad Sah, Son of Late Chunchun Prasad Sah, Resident of
Baluwachak, P.S.- Jagdishpur, District- Bhagalpur.
4. Shyam Yadav, Son of Banwari Yadav, Resident of Shahibganj, P.S. T.M.
University, District- Bhagalpur.
5. Niranjan Prasad Sinha, Son of Late Ayodhya Prasad Ram, R/o- Village-
Masarpur, Ram Krishna Nagar, Fatehpur, P.S. - Sabour, District- Bhagalpur.
6. Shankar Pathak, S/o Late Jagarnath Pathak, R/o Village and P.O. - Chhoti
Bhaisdira, P.S.- Barari, District - Katihar.
7. Sushil Kumar Mishra, S/o Late Hari Mishra, R/o Village and P.O.- Rampur,
P.S. - Rajaun, District- Banka.
8. Mahesh Chandra Jha, S/o Late Mahadhan Jha, R/o- Sabour, P.S.- Sabour,
District- Bhagalpur.
9. Krishna Nandan, S/o Late Lakshmi Prasad Yadav, R/o Anand Nagar Colony,
Sabour, P.S.- Sabour, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University Bhagalpur through its Registrar.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Registrar, T.M. Bhagalpur University, Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
5. The Principal, Sabour College, Sabour, District- Bhagalpur.
6. The State of Bihar, through the Principal Secretary, Education Department,
Government of Bihar, Patna.
7. The Director, Higher Education Deptt., Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 5209 of 2025)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
Mr. Avanindra Kumar Jha, Adv.
Mr. Jitendra Acharya, Adv.
Mr. Ram Naresh Jha, Adv.
Mr. Bishwash Vijeta, Adv.
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
Mr. Arjun Prasad, AC to SC-3
For the University : Mr. Ritesh Kumar, Adv.
Mr. Ashhar Mustafa, Adv.
Patna High Court CWJC No.5209 of 2025 dt.11-09-2025
3/6
Ms. Anita Kumari, Adv.
(In Civil Writ Jurisdiction Case No. 7747 of 2025)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
Mr. Avanindra Kumar Jha, Adv.
Mr. Jitendra Acharya, Adv.
Mr. Ram Naresh Jha, Adv.
Mr. Bishwash Vijeta, Adv.
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
Mr. Arjun Prasad, AC to SC-3
For the University : Mr. Ritesh Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 10727 of 2025)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
Mr. Avanindra Kumar Jha, Adv.
Mr. Jitendra Acharya, Adv.
Mr. Ram Naresh Jha, Adv.
Mr. Bishwash Vijeta, Adv.
For the Respondent/s : Mr. Mujtabaul Haque, GP-12
Mr. Manish Kumar, AC to GP-12
For the University : Mr. Ritesh Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-09-2025
Heard Mr. Purushottam Kumar Jha, learned Advocate
for the petitioners and Mr. Ritesh Kumar, learned Advocate with
Mr. Ashhar Mustafa, learned Advocate for the Tilka Manjhi
Bhagalpur University, Bhagalpur (hereinafter referred to as,
"University"). The State is also represented through respective
counsels.
2. In all these writ petitions, the petitioners are
aggrieved with the Notification No. 120/2023 dated 18.01.2023,
whereby the petitioners along with other identically situated
teaching and non-teaching employees of Fourth Phase
Constituent Colleges of the respondent University have been
terminated from their services.
3. The action of the respondent University and the
Patna High Court CWJC No.5209 of 2025 dt.11-09-2025
impugned orders have been questioned on various grounds,
inter alia, the impugned order came to be passed unilaterally
without holding any regular departmental proceeding, at the fag
end of their services and in some of the cases, even after the
death of the incumbent or after retirement. The action of the
respondent University is said to be illegal, unjustified,
unsustainable in law, apart from wholly without jurisdiction.
4. Identically situated teaching and non-teaching
employees of Fourth Phase Constituent Colleges, aggrieved
with the impugned order, have knocked the door of the Court
and their cases have come up for consideration before the
different co-ordinate Benches of this Court in CWJC Nos. 9052
of 2022, 18166 of 2021, 5745 of 2025, 12839 of 2025 and 7557
of 2025. The Court in all these matters, on being found the order
of termination of the services of the employees after death or
retirement, without holding any regular departmental
proceeding contrary to any service jurisprudence, set-aside the
impugned order/notification No. 120/2023 dated 18.01.2023
qua the petitioner(s) of the said cases vide different orders.
5. The aforesaid fact has not been refuted by learned
Advocate for the University. However, it has been informed to
this Court that in the present batch of the writ petitions,
Patna High Court CWJC No.5209 of 2025 dt.11-09-2025
petitioners of CWJC Nos. 5209 of 2025 and 7747 of 2025 are
appointed on compassionate ground and if the termination order
goes, in such circumstances, they would have been reinstated in
their respective services, thus liberty may be accorded to the
University to proceed in accordance with law, if intended to do
so. He further submits that in CWJC No. 10727 of 2025, out of
nine petitioners, petitioner no. 6 (Shankar Pathak) and petitioner
no. 7 (Sushil Kumar Mishra) were terminated during the service
period and in case, the termination order goes, identical liberty
may be accorded to the University to proceed further, in
accordance with law.
6. Having considered the submissions set-forth by
learned Advocate for the respective parties and taking note of
the orders passed in identical matters, wherein the Court
unequivocally clarified that no person can be condemned
unheard and the impugned order has been declared to be wholly
illegal, without jurisdiction and in complete violation of the
principles of natural justice; besides, holding any departmental
proceeding; and further once an employee superannuated and
the retiral benefits and the pension have already been accorded,
there is complete severance of the bond of employee and the
employer relationship and no cause of actions exists for
Patna High Court CWJC No.5209 of 2025 dt.11-09-2025
continuance of the departmental proceeding by the efflux of
time, without following any procedure.
7. In view of the aforenoted legal position and in order
to maintain uniformity, this Court is hereby set-aside the
Notification No. 120/2023 dated 18.01.2023, issued by the
respondent Registrar, Tilka Manjhi Bhagalpur University,
Bhagalpur qua the petitioners.
8. So far the other grievance of the petitioners prayed
for in their respective writ petitions are concerned, the
petitioners shall approach before the Registrar, Tilka Manjhi
Bhagalpur University, Bhagalpur by filing a detailed
representation with their due retiral benefits and arrears, which
shall be considered and disposed off by a reasoned and speaking
order, preferably within a period of three months, from the date
of filing of such representation.
9. With the aforesaid direction and liberty, the writ
petitions stand disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.09.2025
Transmission Date NA
