Patna High Court
Madhu BalaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
A Letters Patent Appeal is an intra‑court corrective jurisdiction, and the earlier order stands, leading to dismissal of the writ petition.
Summary
The petitioners, a group of twenty individuals, sought appointment as Assistant Professors at Mirza Ghalib College, Gaya, and directed the University and Education Department to approve their appointments under section 57A(v) of the Bihar State Universities Act, 1976 and to release funds for payment of salaries and benefits. The respondents, the State of Bihar and various university officials, opposed the relief. The petition was filed as a writ petition seeking mandamus. The Court observed that the matter had already been decided in L.P.A. No.86 of 2025, where the Division Bench held that a Letters Patent Appeal is an intra‑court corrective jurisdiction and dismissed the appeal without disturbing the earlier order. Relying on that precedent, the High Court dismissed the present writ petition. The dismissal was made in terms of the earlier judgment dated 16‑02‑2026.
Issues considered
- Whether the petitioners are entitled to appointment as Assistant Professors under section 57A(v) of the Bihar State Universities Act, 1976
- Whether the Court can issue mandamus directing the University and Education Department to allocate funds and pay salaries to the petitioners
- Whether the earlier decision in the Letters Patent Appeal bars re‑litigation of the same appointment issue
Legislation cited
- Bihar State Universities Act, 1976 — s. 57A(v)
Subjects
- appointment
- assistant professor
- mandamus
- university
- salary
- Bihar State Universities Act
- Letters Patent Appeal
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20749 of 2021
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1. Madhu Bala Wife of Sushil Kumar, resident of Nil Kothi, Ram Raj Garha,
P.O. - Dehri, P.S. and District - Rohtas, Pin Code - 821307.
2. Mohd Faizan, Son of Sarfraz Ahmad, resident of 341, Safarwal, P.O. -
Ambedkar Nagar, P.S. Tanda, State - Uttar Pradesh, Pin Code - 224190.
3. Md. Minhaj Alam, Son of Md Israil, resident of Road No. 8, Saddam
Chowk, P.O. New Karimganj, P.S. and District - Gaya, Pin Code - 823001.
4. Sumayya Sheikh, daughter of Mohammad Shahid Ibrar, resident of House
No. 9, Ward No. 7, P.O.- Panchaitia Akhara, River Side Road, P.S. and
District - Gaya, Pin Code - 823001.
5. Akram Waris, Son of Firoz Alam, resident of Holding No. 72, Mohalla -
Mewati Tola, P.O. and P.S. - Sasaram, District - Rohtas, Pin Code - 82115.
6. Abu Huzaifa, Son of Tarique Ahsan Falahi, resident of Cherki Loha Pul, P.O.
- Cherki, P.S.- Gurua, District - Gaya, Pin Code - 824237.
7. Ehsanullah Dansih, Son of Abdul Hafeez, resident of Road No.2, Gali No.
06, Old Karimganj, P.S. and District - Gaya, Pin Code - 823001.
8. Khurshid Jahan Wife of Imtiyaz Ahmad, resident of H.No. - 540/2, Ahmad
Villa, New Azimabad Colony, P.O., P.S. and District - Mahendru, Pin Code -
800006.
9. Shuchi Sinha Wife of Krityanad Ranjan, resident of Village and P.O. -
Andharbari, District - Nawada, Pin Code - 801525.
10. Shahana Hasnain Wife of Fazlur Rahman Khan, resident of White House
Compound, P.O., P.S. and District - Gaya, Pin Code - 823001.
11. Salma Zafar, Daughter of Zafar Islam, resident of Md. Shabbir, White House
Compound, P.O., P.S. and District - Gaya, Pin Code -823001.
12. Mohammad Shabir Alam Son of Mohammad Zahir Uddin, resident of
Village - Khandail, P.O. - Bishunpura, P.S.- Sherghati, District - Gaya, Pin
Code - 824237.
13. Ladlay Khan Son of Wali Ahmad Khan, resident of FB- 5, Flat No.- 201,
Galaxy Apartment Shaheen Bagh, Abul Fazal Enclave Part- 2 Jamia Nagar,
New Friend Colony, Defence Colony, Sought Delhi P.O.- Okhla, State - New
Delhi, Pin Code - 110025.
14. Abdul Azim Akhtar Son of Md. Yunus Jamai, resident of 62, 1st Floor, Hauz
Rani, Malviya Nagar, South Delhi, State - New Delhi, Pin Code - 110017.
15. Ibrar Khan, Son of Alamas Husen, resident of Mohiuddinpur (Aalanagry),
P.O. - Sarai Mamarej, District - Allahabad (U.P.), Pin Code - 221503.
16. Zeaur Rahman Jafri, son of Fazlur Rahman Hashmi, resident of P.O. and
P.S.- Bhawanandpur, District- Begusarai, Pin Code - 851127.
17. Nusrat Jabeen Siddiquee, care of Sarfaraz Ahmad, resident of House No. E-
211, Rail Vihar Sector - 3, P.O. - Vasundhra, P.S. and District - Ghaziabad,
(U.P.) Pin Code - 201012.
18. Akeel Ahmad, care of Abushama, resident of 49, Birdpur No. 13, Tola Gaya
urf Sakrideed, P.O. - Naugarh, P.S. and District - Sidharthnagar (U.P.), Pin
Patna High Court CWJC No.20749 of 2021(3) dt.30-03-2026
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Code - 272203.
19. Kashif Mansoor, Son of Mansoor Alam, resident of Main Road, Panchu
Opposite P.O - Hisua, P.S.- Hisua, District - Nawada, Pin Code - 805103.
20. Sarim Abbas, Son of Fazal Abbas, resident of 81/2 Sibtan Road, P.O., P.S.
and District - Pratapgarh (U.P.) Pin Code - 230001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. Director Higher Education, Bihar, Patna.
3. Magadh University, Bodh Gaya through its Registrar.
4. Vice Chancellor, Magadh University, Bodh Gaya.
5. Registrar, Magadh University, Bodh Gaya.
6. Mirza Ghalib College, Gaya through its Principal.
7. Governing Body, Mirza Ghalib College, Gaya through its Secretary.
8. Secretary, Governing Body, Mirza Ghalib College, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Senior Advocate
For the Respondent/s : Smt. Binita Singh, S.C.-28
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 30-03-2026 Heard the learned counsel for the parties.
2. The present matter is being taken up under the
heading ‘For Orders (On Office Notes) and on the joint prayer
of the parties, the same is being heard.
3. The present writ petition has been filed for the
following reliefs:
“(i) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent authorities
Patna High Court CWJC No.20749 of 2021(3) dt.30-03-2026
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under the Magadh University, Bodh Gaya
(hereinafter referred to as “the University”) to take
steps towards granting approval to the appointments
of the present petitioners against the posts of
Assistant Professors in different subjects at Mirza
Ghalib College, Gaya (hereinafter referred to as “the
College”) in terms of the provisions contained under
section 57A(v) of the Bihar State Universities Act,
1976;
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent authorities
under the Education Department of the State
Government to take steps towards allocating
necessary funds in favour of the College for
ensuring payment of salary in favour of the present
petitioners as per their entitlement pursuant to their
appointments against sanctioned posts of Assistant
Professors in different subjects at the College strictly
in accordance with law;
(iii) Issuance of a direction, order or
writ, including writ in the nature of mandamus
commanding the concerned respondent authorities
under the University as well as the Education
Department of the State Government to take
necessary steps towards ensuring payment of all the
legal entitlements in favour of the petitioners and
consequential benefits that the petitioners are
entitled to upon their appointments against
sanctioned posts of Assistant Professors in different
subjects at the College in accordance with law;
(iv) Issuance of a declaration holding
that the petitioners are entitled for being made
payment of their salaries in the prescribed scale of
pay and other consequential benefits subsequent
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upon their appointments against the posts of
Assistant Professors in different subjects at the
College;”
4. The learned counsel for the parties submit that the
issue involved in the present writ petition is no more res integra
in view of the judgment dated 16.02.2026, passed in L.P.A.
No.86 of 2025 by the Hon’ble Division Bench of this Court,
wherein in paragraphs no.24 and 25, the Hon’ble Division
Bench has been pleased to hold as follows:
“24. After going through the analysis
made by the learned Single Judge, we do not find
that the reasoning, which has been assigned by the
learned Single Judge is any way perverse or
palpably unreasonable or inconsistent with any
particular provision of law.
25. A Letters Patent Appeal, is an intra-
court appeal, whereunder a Letters Patent Bench
sitting as a Court of Correction, corrects its own
orders in exercise of the same jurisdiction, as was
vested in the Single Judge. In such appellate
jurisdiction, the High Court exercises the powers of
a Court of Error and this appellate jurisdiction is
really a corrective jurisdiction and it is used rarely
only to correct errors, if any made.”
5. The Hon’ble Division after going through the
impugned judgment dismissed the L.P.A. without interfering
with the orders passed by the learned Coordinate Bench of this
Court in C.W.J.C. No.10935 of 2021.
6. Accordingly, the present writ petition is dismissed
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in terms of the judgment dated 16.02.2026, passed in L.P.A.
No.86 of 2025.
(Ritesh Kumar, J.)
Sanjay/-
U
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