Patna High Court
Dr. Hemant Kumar @ Hemant Kumar,versusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- HARISH KUMAR
Holding
The writ petition is not maintainable against the retired employee and is therefore dismissed.
Summary
Dr. Hemant Kumar, the principal of Anup Lal Yadav Mahavidyalaya, filed a writ petition seeking a court order directing respondent No.13, a retired principal, to refund the entire amount of Student Credit Card Funds that were allegedly defalcated and had been sanctioned by the Bihar State Education Finance Corporation Ltd. for the 2022‑2025 sessions. The University’s counsel objected, arguing that a writ petition could not be filed against the retired employee. The Patna High Court agreed, holding that the petition was not maintainable against the retired official. While the court dismissed the writ for lack of maintainability, it allowed the petitioner to continue pursuing his grievance through the appropriate administrative channels. The order therefore dismissed the petition but granted liberty to the petitioner to seek redress elsewhere.
Issues considered
- Whether a writ petition is maintainable against a retired employee alleged to have defalcated funds
- Whether the petitioner can compel the return of the defalcated Student Credit Card Funds through a writ
Subjects
- writ petition
- maintainability
- defalcation
- Student Credit Card Funds
- education finance
- public authority
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20746 of 2025
======================================================
Dr. Hemant Kumar @ Hemant Kumar, Son of Late Tanuk Lal Yadav,
Resident of Village Malhanma, Babhanganwa, Post- Malhanma, P.S.-
Triveniganj, District- Supaul. Presently posted as Principal in Anuplal Yadav
Mahavidyalaya, Triveniganj, Supaul, Bihar affiliated under Bhupendra
Narayan Mandal University, Madhepura, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Principal Secretary, Finance Department, Government of Bihar, Old
Secretariat, Patna.
5. The Bihar State Education Finance Corporation Ltd. through its Managing
Director, Secretariat Annexe Building, Block No. 3, Ground Floor, Old
Secretariat, Patna, Bihar.
6. The Managing Director, Bihar State Education Finance Corporation Ltd.,
Secretariat Annexe Building, Block No. 3, Ground Floor, Old Secretariat,
Patna, Bihar.
7. The District Magistrate, Supaul, District- Supaul.
8. The Sub-Divisional-Officer, Triveniganj, Supaul, District- Supaul.
9. The Hon'ble, Chancellor of Universities, Bihar, Patna.
10. The Vice-Chancellor, Bhupendra Narayan Mandal University, Madhepura,
Bihar.
11. The Registrar, Bhupendra Narayan Mandal University, Madhepura.
12. The Finance Officer, Bhupendra Narayan Mandal University, Madhepura.
13. Dr. Jaydev Prasad Yadav, Son of Late Krityanand Yadav, Resident of
Village- Raghunathpur, Post- Bhargama, P.S- Bhargama, District-Araria,
Bihar. Presently residing at Mohalla Pattarghatti, near Vishwakarma Chowk,
General High School Road, Ward No. 4 and 5, P.O.and P.S.- Triveniganj,
District- Supaul, Bihar. Retired Principal of Anuplal Yadav Mahavidyalaya,
Triveniganj, Supaul Bihar, affiliated under Bhupendra Narayan Mandal
University, Madhepura, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Adv.
Mr. Alok Abhinav, Adv.
Ms. Diksha Kumari, Adv.
For the Respondent/s : Mr. Anant Pd. Singh, SC-15
Mrs. Deepika Sharma, AC to SC-15
Patna High Court CWJC No.20746 of 2025(2) dt.31-01-2026
2/3
For the BSEFCL : Mr. Kumar Ravish, Adv.
Mr. Rohit Kumar, Adv.
Mr. Ayush Kumar, Adv.
For the University : Mr. Md. Nadim Seraj, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 31-01-2026 Heard the parties.
2. The petitioner is claiming to be Principal of Anup
Lal Yadav Mahavidyalaya, Triveniganj, Supaul duly affiliated
under B N Mandal University, Madhepura has approached this
Court seeking a direction upon the respondents especially
respondent no. 13 to immediately return/restore/refund the
entire defalcated amount of Student Credit Card Funds, which
was duly sanctioned by the Bihar State Education Finance
Corporation Limited in favour of the student of the College, in
question, for Session 2022-2023 to 2024-2025.
3. Learned Advocate for the University made a
preliminary objection with regard to maintainability of the writ
petition and submits at the bar that no writ petition would lie
against the respondent no. 13, a retired employee against whom
there is an allegation of defalcation while holding the post of
Principal of the College for the period from September, 2012 to
31st of May, 2025.
4. This Court finds substance in the submission of
learned Advocate for the University and is of the opinion that
Patna High Court CWJC No.20746 of 2025(2) dt.31-01-2026
3/3
the present writ petition is not maintainable, for the reasons
aforenoted.
5. However, at this juncture, learned Advocate for the
petitioner submits that the petitioner for redressal of the
grievance has also approached before all the authorities,
including the Vice-Chancellor/Registrar of the University, but
no decision has been taken.
6. Having considered the submissions advanced by
learned Advocate for the respective parties, the present writ
petition stands consigned with a liberty to the petitioner to
pursue his representation, the copy of which is marked as
Annexures 4 and 5 series to the writ petition.
(Harish Kumar, J)
shivank/-
U
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