Patna High Court
Jaikrishna JhaversusLalit Narayan Mithila University
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is dismissed as withdrawn, with liberty to the petitioner to pursue other relief in the appropriate forum.
Summary
The petitioner sought to quash an order appointing 24 staff members (Class III and IV) at Kalidas Vidyapati Science College, alleging that the appointments violated the prescribed selection process and Articles 14 and 16 of the Constitution. The petition also requested a mandamus directing a fresh selection under the same advertisement and any other appropriate relief. During the pendency of the writ, the petitioners attained the age of superannuation, rendering them ineligible for the positions. Consequently, the petitioner’s counsel asked the court to allow withdrawal of the writ with liberty to pursue compensation or other relief in a suitable forum. The court dismissed the writ application as withdrawn, granting the petitioners liberty to seek other remedies elsewhere.
Issues considered
- Whether the appointment order for the 24 candidates violated the selection process and Articles 14 and 16 of the Constitution.
- Whether the writ can be granted when the petitioners have crossed the age of superannuation.
- Whether the petitioner may be permitted to withdraw the writ application with liberty to pursue other relief.
Legislation cited
- Constitution of India — s. Article 14, Article 16
Subjects
- appointment
- selection process
- Article 14
- Article 16
- mandamus
- superannuation
- withdrawal
- public university
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19759 of 2012
======================================================
Jaikrishna Jha S/O Shree Fakir Jha R/O Village- Damodarpur, P.S.- Benipatti,
District- Madhubani
... ... Petitioner/s
Versus
1. Lalit Narayan Mithila University Darbhanga through its Vice-Chancellor.
2. Vice-Chancellor Lalit Narayan Mithila University, Darbhanga
3. Registrar, Lalit Narayan Mithila University, Darbhanga
4. Dhirendra Kaushal, Lab In-Charge, Deparatment Of Chemistry Null Class
Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
Benipatti, Madhubani
5. Smt. Poonam Kumari, Lab In-Charge, Department Of Zoology Null Class Iii
Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
Benipatti, Madhubani
6. Shri Krishna Kumar Paswan, Lab In-Charge, Department Of Psychology
Null Class Iii Employee, Posted In Kalidas Vidyapati Science College,
Uchchaith, Benipatti, Madhubani
7. Shri Vikash Kumar, Lab In-Charge, Department Of Geography Null Class Iii
Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
Benipatti, Madhubani
8. Shri Abhishek Kumar, Sorter In Library Class Iii Employee, Posted In
Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani
9. Shri Narayanji Jha, Steno Class Iii Employee, Posted In Kalidas Vidyapati
Science College, Uchchaith, Benipatti, Madhubani
10. Shri Brij Bihari, Artist Class Iii Employee, Posted In Kalidas Vidyapati
Science College, Uchchaith, Benipatti, Madhubani
12. Shri Bidhveshwar Jha, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
13. Shri Indradeo Jha, Night Guard Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
14. Shri Lalit Kumar Choudhary, Orderly In The Department Of Physics Class
Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
Benipatti, Madhubani
15. Shri Shankar Kamat, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
16. Shri Jeevachh Yadav, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
17. Shri Amarnath Chaudhary, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
19. Shri Ramchandra Marar, Peon Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
20. Shri Chhabendra Jha, Orderly Class Iv Employee, Posted In Kalidas
Patna High Court CWJC No.19759 of 2012(24) dt.20-01-2026
2/4
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
21. Shri Bisran Jha, Orderly Class Iv Employee, Posted In Kalidas Vidyapati
Science College, Uchchaith, Benipatti, Madhubani
22. Shri Madan Kumar Madhup, Night Guard Class Iv Employee, Posted In
Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani
23. Shri Ram Udgar Singh, Laboratory Boy Class Iv Employee, Posted In
Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani
24. Shri Pradeep Paswan, Laboratory Boy Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
25. Shri Madhav Kumar Jha, Namuna Sangrahak Class Iv Employee, Posted In
Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani
26. Shri Bhishan Kamat, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
27. Shri Kulesh Kumar Jha, Peon Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
28. Shri Raghvendra Pathak, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
29. Shri Shailendra Kumar Singh, Orderly Class Iv Employee, Posted In Kalidas
Vidyapati Science College, Uchchaith, Benipatti, Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidya Nath Thakur, Adv
Mr. Kaushik Deo, Adv
Mr. Mrigank Shekhar, Adv
For the Respondent/s : Mr.Ajay Behari Sinha, Adv
Mr. Virendra Pd. Singh, Adv
For the University : Mrs. Binita Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
24 20-01-2026 Heard learned counsel for the petitioner, learned
counsel for the respondent-university and learned counsel for
the private respondent.
2. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For quashing the official
order issued by the respondent no.3 on the
Patna High Court CWJC No.19759 of 2012(24) dt.20-01-2026
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order of respondent no.2 whereby 8 persons
on different posts of Class III and 16 persons
on Class IV in Kalidas Vidyapati Science
College, Uchchaith, Benipatti, Madhubani
(hereinafter for brevity referred to as the
K.V.S. College, Madhubani) have been
appointed under Advertisement no.2180-
83/02 in complete violation of selection
process as well as Articles 14 and 16 of the
Constitution of India.
Further a writ of 'Mandamus' be
issued:-
(ii) For direction to the respondent
no.2 to hold selection process afresh under
Advertisement and no.2180-83/02 and
appoint eligible successful candidates on
Class III and IV posts in K. V. S. College,
Madhubani.
(iii) The petitioner further prays
for issuance of any other appropriate
writ/writs, order/orders direction/ directions
and relief/reliefs which he is entitled to in the
facts and circumstances of the case.”
3. Learned counsel for the petitioner very fairly
submits that during the pendency of the writ application, the
petitioners have crossed the age of superannuation and,
therefore, the relief claimed for in the present writ application,
Patna High Court CWJC No.19759 of 2012(24) dt.20-01-2026
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cannot be extended to the them even if the writ application is
allowed quashing the selection process.
4. In such view of the matter, learned counsel for the
petitioner submits that he may be permitted to withdraw this
writ application with liberty to pursue before the appropriate
forum for seeking compensation or any other relief which the
petitioner may be entitled to in law.
5. As prayed for, the present writ application is
dismissed as withdrawn with liberty as aforesaid.
(Alok Kumar Sinha, J)
kiran/-
U
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