[Cites 1, Cited by 0]
Patna High Court
The State Of Bihar vs Jyoti Kumar on 9 February, 2026
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.946 of 2025
In
Civil Writ Jurisdiction Case No.8049 of 2023
======================================================
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Old Secretariat Building,
Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Old Secretariat Building, Patna
3. The us, Revenue and Land Reforms Department, Government of Bihar, Old
Secretariat Building, Patna.
4. The Director, Land Records and Survey, Revenue and Land Reforms
Department, Government of Bihar, Patna.
... ... Appellant/s
Versus
1. Jyoti Kumar son of Balkrishna Prasad Singh, resident of Chhawani
Jaynandan Bigha, Post Office Tekari, Police Station Tekari, District Gaya
(Bihar).
2. Amit Kumar, son of Nawal Kishore Prasad, resident of village-Haibatpur,
Post Office-Bhojpur, Police Station-Khusrupur, District Patna (Bihar).
3. Kanishsk Kumar son of Kripanandd Prasad, resident of village- Naughar,
Post Office Ashari, Police Station-Hilsa, District Nalanda (Bihar).
4. Santosh Kumar son of-Nand Lal Prasad, resident of village- Panchanpur,
Post Office Panchanpur, Police Station-Tekari, District Gaya, Bihar.
5. Ajeet Kumar Gupta son of Sidhnath Prasad Gupta, resident of Mohalla
Tekari, Post Office Tekari, Police Station Tekari, District Gaya (Bihar).
6. Raushan Kumar son of Niwar Kumar, resident of village Bhawanathpur,
Post Office- Rannuchak, Makandpur, Police Station- Akbarnagar, District
Bhagalpur, Bihar.
7. Navneet Mani son of Vinod Kumar, resident of village Bathnaha @
Madhopur Ram, Post Office Baketpur, pss Kathaiya, District Muzaffarpur,
Bihar.
8. Santosh Kumar, son of Sitaram Das, resident of Mogalpura Chhate Tal,
Patna City, Post Office- Jhajauganj, Police Station-Khajekala, District Patna,
Bihar.
9. Rai Ranjan Kumar son of-Umesh Raj, resident of Ward No. 14, Logagir,
Police Station Ujjagirpur, District -Samastipur, Bihar.
10. Aman Kumar son of Lal Bahadur Ray, resident of Ward No. 5, Belsandi,
Police Station Belsandi, District Samastipur, Bihar.
11. Pappu Kumar son of Ganessh Prasad Ray, resident of Ward No. 13,
Lohangir, Police Station Ujjayirpur, District Samastipur, Bihar.
12. Sunny Kumar son of Gopal Pandit, resident of Chailital, Patna City, Police
Station Khajekala, District Patna, Bihar.
13. Deepak Kumar son of Sanjay Prasad Rastogi, resident of Ward No. 2, Chhoti
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
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Ballia Barar, Police Station Balia District Begusarari, Bihar.
14. Amit Kumar son of Vinod Pandit, resident of Ward No. 8, Ayodhya, post
office and police station Teghra, District Begusarai, Bihar.
15. Jagdish Kumar son of Moti lal, resident of Tekari, Police Station Tekari, Post
Office Tekari, District Gaya, Bihar.
16. Sulekha Kumari daughter of Seetaram Das, resident of village Loha Ka Pul,
Beldari Tola, Patna City, Police Station Mehandiganj, Post Office Jhauganj,
District Patna, Bihar.
17. Mukesh Kumar son of Abhay Kumar, resident of Mohalla Rikabganj, Main
Road, Police Station Tekari, Post Office Tekari, District Gaya, Bihar.
18. Mritunjay Kumar son of Maheshwar Prasad Singh, resident of Rikabganj,
Police Station Tekari, Post Office Tekari, District Gaya, Bihar.
19. Ranveer Singh son of Bhagwan Singh, resident of Manika, Police Station
Madanpur District Aurangabad, (Bihar).
20. Raj Kumar son of Naresh Rai, resident of New Bigrahpur Bus Stand, Police
Station and Post Office Patna G.P.O. District Patna, Bihar.
21. Kamal Ashraf son of Sagir Ahmad, resident of B1149/4 Kareli, Police
Station and Post Office G.T.B. Nagar, District Alahabad, (Uttar Pradesh.)
22. Satyapal Kumar son of Kishore Singh, resident of Parasabad, Police Station
Gargi, Post Office- Koderma, District Kodrma (Jharkhand).
23. Ashwani Raj son of Jay Prakash Singh, resident of Dharhara, Police Station
Paliganj, Post Office Paliganj, District Patna (Bihar).
24. The Registrar, C.M.J. University, Campus Jorabat, Ri-Bhoi, District
Meghalaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sajid Salim, Sr. Adv.
Mr. Rampravesh Nath Tiwari (AC to SC-25)
For the Respondent/s : Mr. Mrigank Mauli, Sr. Adv.
Mr. Rupesh Kumar, Adv.
Mr. Patanjali Rishi, Adv.
Mrs. Neha Narayan, Adv.
Mr. Pramod Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-02-2026
That this Letters Patent Appeal has been filed by the
State of Bihar and others challenging the order dated 17.01.2025
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
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passed by the learned Single Judge in Civil Writ Jurisdiction
Case No. 8049 of 2023. There were twenty three petitioners in
the said writ petition and their prayer in the writ petition was as
follows:-
""(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
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. After issuance of notice, respondent no. 5, Dr.
Momita Goswami, the Registrar of C.M.J University, filed
counter affidavit, supplementary counter affidavit, and second
supplementary counter affidavit. The learned Single Judge in his
judgment and order dated 17.06.2025, was pleased to hold as
follows:-
"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 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
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
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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. 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.
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
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.
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."
3. The grounds taken by the learned counsel for the
appellants in the present Letters Patent Appeal in paragraph nos.
13, 14 and 15, reads as follows:-
"13. That on completion of pleadings, the
matter was heard and during hearing of the writ petition,
the copy of judgment passed in Civil Appeal No. 9690 of
2024, (C.M.J. Foundation and other Versus State of
Meghalaya and others) dated 13.02.2025 was referred
before the Hon'ble Single Bench. The said appeal was
filed challenging the judgment and order dated 6th May,
2021 passed by the Division Bench of Meghalaya at
Shilong.in Writ Petition No. 14/17 whereby the
judgment and order dated 16.07.2017 passed by the
Hon'ble Single Judge of the Hon'ble High Court in Writ
Petition (C) No. 177/14 was quashed and the matter was
remitted back to the Hon'ble Single Judge to take
appropriate decision regarding the validity of the order
passed by this Hon'ble Court dissolving C.M.J.
University. During hearing of the said Civil Appeal by
the said Hon'ble Supreme Court 3 issued were framed
determination and they are as follows:-
(i) Whether the appointment of Chancellor of
the C.M.J. University was made with due
adherence of the procedure as mandated by
law?
(ii) Whether the dissolution order dated
31;03.2014 was passed with due adherence to
the procedure provided under section 48 of the
C.M.J. University Act, 2009 and in compliance
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
of the direction issued by this Hon'ble High
Court vide order dated 13.09.2013 in Special
Leave Petition (C) No. 1967/13 titled as C.M.J.
Foundation and others Versus the State of
Meghalaya and others?
(iii) Whether the Division Bench of the Hon'ble
High Court of Meghalaya was justified in
remitting back to the Hon'ble Single Judge for
reconsideration of matter while allowing the
writ Appeal No. 14/17.
14. That after a detailed hearing, the Hon'ble
Supreme Court held that the appointment of Chancellor
of C.M.J. University was nonest and void ab initio, the
dissolution order dated 31.03.2014 has been passed in
strict adherence to the procedural requirement of section
48 of the C.M.J. University Act, 2009. The Division
Bench of Meghalaya High Court was not justified in
remitting the matter back to the Hon'ble Single Judge for
consideration of merit and the decision of the State
Government dated 31st March, 2014 for dissolving the
C.M.J. University, Meghalaya 1st Set 1st Set was
affirmed.
15. That in spite of the above stated judgment
being referred at the time of hearing of C.W.J.C. No.
8049 of 2023 the Hon'ble Single Judge passed the
impugned judgment in contravention of the law laid
down by the Hon'ble Supreme Court holding the
dissolution of C.M.J. University to be proper and legal
and thus the Hon'ble Single Judge has committed an
error."
4. Learned counsel for the appellants submits that, even
though the judgment pronounced in Civil Appeal No. 9690 of
2024 (C.M.J. Foundation and Ors Vs. State of Meghalaya
and Ors) was placed before the learned Single Judge, the same
was not considered and therefore, the impugned order was
passed remitting the matter back to the concerned respondents
for taking a fresh decision in light of the stand taken by the
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
respondent no.5 in the writ petition. When a pertinent question
was put to the learned counsel for the appellants as to whether
any material was placed on record showing that the said
decision referred to in paragraph nos. 13, 14 and 15 i.e. C.A.
No.9690 of 2024, was placed before the learned Single Judge,
the answer was in negative. However, he submits that the
decision was placed and, if it had been taken into account, the
result could have been otherwise.
5. The law is well settled that if an order has been
passed without taking note of the relevant submissions of the
parties, the liberty is always to approach the same Court. Also if
any wrong noting has been made, it is open to the parties to
approach the same Court while the matter is still fresh in its
mind. Therefore, the judgment relied upon by the petitioners
which is stated to have been placed but not considered by the
learned Single Judge may be agitated in a civil review petition
or by taking such other recourse as may be available in law.
Liberty is accordingly granted to the appellants to seek
appropriate remedy available in law.
6. It is made clear that no opinion has been expressed
on the merits of the case.
7. It is stated by learned counsel for the appellants that
Patna High Court L.P.A No.946 of 2025 dt.09-02-2026
a contempt petition has already been filed by the respondents for
non-compliance of the impugned order. In view of such
submission, it is open to the appellants to take appropriate
measure in its interest, as per law.
8. With the aforesaid observation, the LPA stands
disposed of. Pending I.A., if any, stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
ranjan/prakash-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2026
Transmission Date NA
