Patna High Court
Shiv Nath Kumar Yadav and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted the petitioners liberty to file a fresh representation before the Vice‑Chancellor of Purnea University and directed the university to dispose of it within a stipulated period, with a reasoned order.
Summary
The petitioners, a group of residents of Araria district, filed a writ application against the State of Bihar, its education department, and several university officials seeking a direction to file a fresh representation before the Vice‑Chancellor of Purnea University. They relied on recent Supreme Court and Patna High Court judgments and requested that the university dispose of the representation within a fixed time after a hearing. The respondents raised no objection to the limited prayer. The Court granted the petitioners liberty to file the representation within one month and directed the Vice‑Chancellor to dispose of it within six months, to issue a reasoned order, and to extend any relief within three months thereafter. The writ application was consequently disposed of.
Issues considered
- Whether the Court can direct the petitioners to file a fresh representation before the Vice‑Chancellor of Purnea University.
- Whether the Court can impose a fixed time‑frame for the university to dispose of such representation.
- Whether the petitioners are entitled to relief through the representation and subsequent orders.
Subjects
- civil writ jurisdiction
- higher education
- university administration
- time‑bound disposal
- representation before Vice‑Chancellor
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11025 of 2017
======================================================
1. Shiv Nath Kumar Yadav and Ors son of Anil Yadav, resident of Village-
Farahi, P.O.- Khaira, Police Station- Narpatganj, District- Araria.
2. Rahul Chauhan son of Rama Chauhan, resident of Village- Dholbajja, Police
Station- Farbisganj, District- Araria.
3. Nirmal Kumar Pandey son of Late Rajanand Pandey, resident of Village
P.O.- Dholbajja, Police Station- Farbisganj, District- Araria.
4. Kaushal Pandey, son of Haribansh Pandey, resident of Village P.O.-
Dholbajja, Police Station- Farbisganj, District- Araria.
5. Dharmendra Marik son of Mangan Marik, resident of Village P.O.-
Dholbajja, Police Station- Farbisganj, District- Araria.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors Through the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Higher Education, Govt. of Bihar, Patna.
3. The Vice- Chancellor, B.N. Mandal University, Madhepura, District-
Madhepura, Bihar.
4. The Registrar, B.N. Mandal University, Madhepura, District- Madhepura,
Bihar.
5. The Principal, Farbisganj College, Farbisganj, District- Araria.
6. The Vice - Chancellor, Purnia University, Purnea.
7. The Registrar, Purnia University, Purnia
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Pd. Singh, Sr. Adv.
Mr.Santosh Kumar Verma, Adv.
For the Respondent/s : Mr. Umesh Narayan Dubey, AC to GP-27
For Purnea University : Mr. Maurya Vijay Chandra, Adv.
For B.N.M.U. : Ms. Aditi Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
9 31-01-2026 Heard learned Senior Counsel appearing for the
petitioners, learned counsel appearing for B.N. Mandal
University, learned counsel for Purnea University and learned
counsel appearing for respondents-State.
Patna High Court CWJC No.11025 of 2017(9) dt.31-01-2026
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2. After advancing some argument, learned senior
counsel appearing for the petitioners submits that in light of the
recent judgments of the Hon’ble Supreme Court passed in case
of Dharam Singh & Ors. vs. State of U.P. & Anr. in Civil
Appeal No.8558 of 2018 and of this Court in the case of
Madhwi Jha & Ors. vs. The Patna University & Ors. vide
CWJC No.18289 of 2015 and other analogous writ
application, the petitioners wants to file a fresh representation
before the Vice Chancellor, Purnea University. He further
submits that if such a representation is filed by the petitioners an
appropriate direction be issued to the Vice Chancellor, Purnea
University to dispose of the same within a fixed time frame,
after giving an opportunity of hearing to the petitioners.
3. To the aforesaid prayer being made by learned
counsel for the petitioners, the respondent parties do not have
any objection, if directed by this Court.
4. Considering the limited nature of prayer being
made by learned senior counsel for the petitioners, this writ
application is disposed of granting liberty to the petitioners to
file a fresh representation before the Vice Chancellor of Purnea
University within one month from the date of passing of this
order, and if such a representation is filed, the same shall be
Patna High Court CWJC No.11025 of 2017(9) dt.31-01-2026
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disposed of by the Vice-Chancellor of Purnea University 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 Vice-Chancellor of the Purnea University
should be a reasoned and speaking order. It is further made
clear that in case the petitioners are found entitled to the relief,
which they would be claiming through the representation, the
same should be extended to them within a further period of
three months from the date of passing of the final order by the
Vice-Chancellor of the Purnea University
5. 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)
Prakash Narayan
U
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