Patna High Court
Gauri Shankar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court ordered the registrar of Veer Kunwar Singh University to dispose of the petitioner’s pending representation within six months, with a hearing, and to grant any entitled promotion and benefits within three months of that decision.
Summary
The petitioner, a lecturer appointed in 1991, filed a writ seeking a mandamus directing the university and the State to implement promotion dates under a Career Advancement Scheme and to award monetary benefits with interest. He alleged that his representation filed on 11‑02‑2023 with the university registrar remained pending. The petitioner prayed for the court to order the registrar to dispose of the representation within a fixed period and, if he is found entitled, to grant the promotion and related benefits. The university counsel raised no objection to the limited prayer. The court, noting the narrow relief sought, directed the registrar to decide the pending representation within six months after hearing the petitioner and to issue a reasoned order, extending any granted relief within three months thereafter. The writ application was consequently disposed.
Issues considered
- Whether the court can issue a mandamus directing the university to decide the petitioner’s pending representation on promotion.
- Whether the petitioner is entitled to promotion and monetary benefits under the Career Advancement Scheme.
- Whether interest and litigation costs may be awarded in the absence of a final order on the promotion.
Subjects
- mandamus
- promotion
- career advancement scheme
- higher education
- public university
- writ jurisdiction
- interest
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1617 of 2026
======================================================
Gauri Shankar Ram Son of Deo Nandan Ram, Resident of Village-Jhari, P.O.-
Kasiara, District-Palamu (Jharkhand)-822115, at present C/o Sri Krishna
Singh, Ex. M.L.C., Flat Cold N.C.C. Office, Gaurakshni, Sasaram, Rohtas-
821115.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, New Secretariat, Patna.
2. The Vice Chancellor, Veer Kunwar Singh University, Ara.
3. The Registrar, Veer Kunwar Singh University, Ara.
4. The Principal, S.N. College, Shahmal Khaira Deo, Rohtas.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Respondent/s : None
For UKSU : Mr. Rajesh Prasad Chaudhary, Advocate
: Mr. Shyama Kant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-University.
2. No one appears on behalf of the Respondent-State.
3. With the consent of both the parties, this writ
application is being disposed of at the present stage itself.
4. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
(a) Issuance of writ in the nature of mandamus
commanding the respondents for shifting the date of promotion
as Senior Lecturer w.e.f. 27.07.1998 and Selection Grade
Patna High Court CWJC No.1617 of 2026(2) dt.02-02-2026
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Lecturer w.e.f. 27.07.2003 as per the Career Advancement
Scheme vide State Letter no. 15/M-1-218/98-1300, dated
20.07.2001.
(b) The Respondents be directed to implement the
decision taken by the State Government under the Career
Advancement Scheme vide Letter no. 15/M-1-218/98-1300
dated 20.07.2001 which has been approved by the Chancellor
vide No. BSU-8/2005-1715/G.S(1) dated 29.06.2005 w.e.f. from
27.07.1998 and grant promotion to the petitioner who has been
appointed on 06.08.1991 and competed service as Lecturer more
than 06 years.
(c) The Respondents further be directed to grant
promotions and consequently monetary benefits w.e.f. from
27.07.1998 and 27.07.2003 with 12.5% compound interest,
penal interest and litigation cost.
(d) To grant such other relief/reliefs for which the
petitioner is entitled to.
5. Learned counsel for the petitioner submits that for
claiming the aforesaid relief, the petitioner had already filed a
representation before the Registrar, Veer Kunwar Singh
University, Ara (Respondent No. 3) dated 11.02.2023
(Annexure-P/6 Series) and the same continues to be pending.
Patna High Court CWJC No.1617 of 2026(2) dt.02-02-2026
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Learned counsel for the petitioner, therefore, submits that the
petitioner would be satisfied if an appropriate direction could be
issued to the Registrar, Veer Kunwar Singh University, Ara
(Respondent No. 3) to dispose of his representation on merit
within a fixed time frame after giving an opportunity of hearing
to the petitioner.
6. To this prayer being made by the learned counsel
for the petitioner, the learned counsel for the Respondent-
University does not have any objection.
7. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of directing the Registrar, Veer Kunwar
Singh University, Ara (Respondent No. 3) to dispose of the
pending representation of the petitioner dated 11.02.2023
(Annexure-P/6 Series) within six months from the date of
receipt/production of a copy of this order after giving an
opportunity of hearing to the petitioner. Needless to emphasize
that the final order which shall be passed by the Registrar, Veer
Kunwar Singh University, Ara (Respondent No. 3) should be a
reasoned and speaking order. It is further made clear that in case
the petitioner is found entitled to the relief which the petitioner
is claiming through this representation then the same should be
Patna High Court CWJC No.1617 of 2026(2) dt.02-02-2026
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extended to the petitioner within a period of three months from
the date of passing of the final order by the Registrar, Veer
Kunwar Singh University, Ara (Respondent No. 3).
8. With the aforesaid observation and direction, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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