Patna High Court
Lokesh Kumar Verma @ Lokesh Verma @ Lokesh KumarversusMagadh University, Bodh Gaya
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The petition is dismissed on the ground of inordinate delay and laches, as the petitioner failed to provide any material evidence to justify the prolonged lapse.
Summary
The petitioner, Lokesh Kumar Verma, filed a writ petition seeking a mandamus directing Magadh University to appoint him to a Class‑III post on compassionate grounds after his father's death in 2013. The petition was filed in 2026, invoking a delay of about 13 years, which the university contended amounted to laches. The petitioner claimed he had repeatedly approached the university between 2013 and 2025, but provided no documentary evidence to substantiate these allegations. The court examined the delay and the lack of supporting material, finding the petitioner's explanation insufficient. Consequently, the court held that the writ could not be entertained and dismissed the petition for delay and laches.
Issues considered
- Whether the writ petition for a compassionate appointment is maintainable despite a 13‑year delay.
- Whether the doctrine of laches applies to bar the relief sought.
- Whether a mandamus can be issued directing the university to make the appointment in the absence of substantive evidence of prior requests.
Subjects
- writ of mandamus
- compassionate appointment
- delay
- laches
- public university
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1635 of 2026
======================================================
Lokesh Kumar Verma @ Lokesh Verma @ Lokesh Kumar Son of Late
Ramswaroop Prasad, Resident of C1, Flat No. 21, Samarth Nagar, Wadgaon
Sheri, Temo Chowk, P.S. and District-Pune.
... ... Petitioner
Versus
1. Magadh University, Bodh Gaya through its Registrar.
2. The Vice-Chancellor, Magadh University, Bodh Gaya.
3. The Registrar, Magadh University, Bodh Gaya.
4. The Principal Ram Lakhan Singh Yadav College, Aurangabad.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Saroj Kumar, Advocate
For Magadh University : Mr. Siddhartha Prasad, 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 Magadh University.
2. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
(i) For the issuance of a writ of mandamus, and/or,
any other appropriate writ/direction/order commanding the
respondents to appoint the petitioner on compassionate ground
on class-III post, as his father, who was a teacher in a
constituent college (RLSY College, Aurangabad), died in
harness on 13.08.2013.
(ii) For the issuance of appropriate
writ/direction/order to ensure all consequential relief to the
Patna High Court CWJC No.1635 of 2026(2) dt.02-02-2026
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petitioner in the facts and circumstances of the case.
3. At the outset, learned counsel for the Respondent-
University submits that this writ application ought to be
dismissed on account of delay and laches for the reason that the
cause of action arose in the year 2013 but he has filed this writ
application in the year 2026 after a delay of almost 13 years for
which there is no sufficient explanation given in the writ
application.
4. Learned counsel for the petitioner submits that in
paragraph-8, the petitioner has given explanation for the delay.
Paragraph-8 of the writ application is quoted hereinbelow for
needful :-
“8. That the petitioner pursued his
case for compassionate
appointment by calling upon the
respondent authorities several
times between 2013 and 2025.
However the respondents ignored
the prevent request of the
petitioner in this regard.”
5. In support of the statement made in paragraph-8 of
the writ application, no material/document has been enclosed
with the writ application and only bald statement has been
made.
6. In view of the facts and circumstances stated above,
Patna High Court CWJC No.1635 of 2026(2) dt.02-02-2026
3/3
this Court is not inclined to entertain the present writ
application. It is accordingly dismissed for delay and laches.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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