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Patna High Court

Jaikrishna JhaversusLalit Narayan Mithila University

Decided
Disposal
WITHDRAWN

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The writ application is dismissed as withdrawn, with liberty to the petitioner to pursue other relief in the appropriate forum.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 The court dismissed the writ application as withdrawn, granting the petitioners liberty to seek other remedies elsewhere.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

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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