Patna High Court
Dr Upendra Kumar SinghversusThe Jai Prakash University
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ application was dismissed as withdrawn because the appointment became infructuous following the respondent's retirement.
Summary
Dr. Upendra Kumar Singh, a senior lecturer at Purvottar Railway College, filed a writ petition challenging the appointment of Dr. Bhushan Singh (respondent No.9) as in‑charge principal of the same college. He alleged that the appointment violated the Bihar State University Act, 1976 because he was senior in service, that the appointment was arbitrary and contrary to natural justice, and that Dr. Bhushan Singh had been on lien for over eleven years, exceeding the permissible five‑year limit. The petitioner sought to quash the appointment memo and obtain other reliefs. During the pendency of the case, Dr. Bhushan Singh retired on 31 January 2026 and handed over charge to Prof. Vinay Kumar Singh (respondent No.10). The petitioner then moved to withdraw the writ as it had become infructuous, seeking liberty to challenge the subsequent hand‑over. The Court dismissed the writ application as withdrawn, granting the petitioner liberty to contest the hand‑over to respondent No.10.
Issues considered
- Whether the appointment of respondent No.9 as in‑charge principal violated the provisions of the Bihar State University Act, 1976 concerning seniority and permissible leave on lien.
- Whether the writ petition remains maintainable after the retirement of the appointed respondent.
- Whether the Court can dismiss the writ as withdrawn on the ground of infructuousness.
Legislation cited
- Bihar State University Act, 1976
Subjects
- seniority
- appointment
- in‑charge principal
- Bihar State University Act
- natural justice
- leave on lien
- writ jurisdiction
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.195 of 2026
======================================================
Dr Upendra Kumar Singh Son of Late Ram Pravesh Singh, R/o village-
Darveshpur, P.S. - Maner, District- Patna at present Principal of Purvottar
Railway, College, Sonpur, District- Saran.
... ... Petitioner/s
Versus
1. The Jai Prakash University through its Vice Chancellor, Saran.
2. The Vice Chancellor, Jai Prakash University, Saran.
3. The Registrar, Jai Prakash University, Saran.
4. The Finance Officer, Jai Prakash University, Saran.
5. The President Mr. Afaque Ahmad Mohalla- Dargah, Ward No. 16, P.S.-
Betiya Nagar, District West Champaran.
6. The Secretary Ad-hoc Committee, Dr. Parmendra Ranjan Singh, Principal
Ganga Singh College, Chhapra, District- Saran.
7. The Branch Manager, Punjab National Bank, Gai Bazar Branch, Sonpur,
Saran.
8. The Branch Manager, Bank of India, Gola Bazar Branch, Sonpur, Saran.
9. Dr. Bhushan Singh, Son of Late Ram Suresh Singh, Mohalla Sahjanand
Colony, Baagdulhan, Hajipur, P.S. Hajipur Town, Assistant Professor,
Department of English Purvottar Railway College, Sonpur, District Saran.
10. The Bursar, Prof. Vinay Kumar Singh, Son of Late Lalan Prasad Singh,
Mohalla Near Government Bus Depot Chapra. At and P.O. - Chapra, District
- Saran at present Professor in the Department of Zoology, Purvottar
Railway, College, Sonpur, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Upendra Kumar Singh (In Person)
For the Respondent/s : Mr.Bindhyachal Rai
Mr. Chandan Kumar, Adv.
For the PNB : Mr. Mritunjay Kumar
Mr. Vibhuti Kumar, Adv.
For Respondent No.9 : Mr. Shivendra Kumar, Adv.
Mr. Prisu Snehi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The defects as pointed out by the office is ignored.
3. Learned counsel for the petitioner, learned Senior
Patna High Court CWJC No.195 of 2026(3) dt.16-03-2026
2/3
Counsel for respondent no.9, learned counsel for Jai Prakash
University and learned counsel for respondent Punjab National
Bank are present.
4. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“i. For quashing memo no. 3922
EST-I dated 17.12.2025 issued under the
signature of the Registrar of Jai Prakash
University by the order of the Vice
Chancellor of Jai Prakash University
Chapra, approving the appointment of
respondent no. 9 incharge Principal of the
Purvottar Railway College, Sonpur Saran as
the same is not in consonance with the
provision of the Bihar State University Act,
1976, against the factual matrix as
admittedly the petitioner is senior to the
respondent no. 9 so in service and as well is
gross violation of Principle of natural
justice.
ii. For holding that the petitioner
being appointee as lecturer in Purvottar
Railway College, Sonpur Saran on
06.01.1993 whereas respondent no. 9 is
appointee as Lecturer on 07.10.2002 is
Junior to the petitioner and any observation
either by the Ad-hoc committee of the
College or by the Vice-Chancellor of Jai
Prakash University is arbitrary, malafide
and with a view to make respondent no. 9 as
Incharge Principal of the College though he
is going to retire on 31.01.2026.
iii. For holding that the
respondent no. 9 is Junior to the petitioner
as he was on leave on lien for long 11 years
8 months since 2002 to 2020 which has
never been approved by the Governing
Body/Ad-hoc committee of the College and
as per the provision of Bihar State
Patna High Court CWJC No.195 of 2026(3) dt.16-03-2026
3/3
University Act, 1976 leave on lien is not
permissible for a period of more than 5
years.
iv. For any other relief (s) for
which the petitioner may be found entitled to
in the fact of the case as well the legal
aspects involve in the case.”
5. It is brought to the notice of this Court that during
the pendency of the writ application the respondent no.9 has
already retired on 31.01.2026 and is said to have handed over
the charge to respondent no.10.
6. Learned counsel appearing for the petitioner
submits that in view of the retirement of respondent no.9 on
31.01.2026, this writ application has become infructuous, and
therefore, he submits for withdrawing the same with liberty to
challenge the handing over of charge to respondent no.10.
7. As prayed for, this writ application is dismissed as
withdrawn on account of having become infructuous granting
liberty to the petitioner to challenge the handing over of charge
to respondent no.10.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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