Patna High Court
Surya Prakash OjhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a detailed representation before the university registrar for consideration in line with the Supreme Court judgment, and disposed of the writ petition.
Summary
The petitioner, Surya Prakash Ojha, a staff member of Bihar Rajendra Agricultural University, filed a writ petition seeking a mandamus directing the university and the State of Bihar to regularize his service as a permanent employee with full pay and dignity. He relied on a 2019 resolution of the General Administration Department, which, in view of the Supreme Court’s decision in Secretary, State of Karnataka & Others v. Uma Devi, directed similar cases to be considered by a committee chaired by the Patna High Court. The State and the university did not contest the factual background or the applicability of the resolution, only that the matter should be referred to the committee. The Court, after hearing counsel, directed the petitioner to file a detailed representation before the university registrar, attaching all relevant documents, and ordered that the matter be decided in accordance with the Supreme Court judgment within three weeks. Consequently, the writ petition was disposed of without granting the mandamus.
Issues considered
- What relief, if any, is appropriate for the petitioner seeking regularisation of his service as a permanent employee?
- Whether the petitioner is entitled to a writ of mandamus directing the university and the State to regularise his appointment in view of the Supreme Court’s decision in Secretary, State of Karnataka & Others v. Uma Devi.
Subjects
- service regularisation
- mandamus
- permanent appointment
- university staff
- administrative law
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21002 of 2025
======================================================
Surya Prakash Ojha Son of Baliram Ojha, R/o- Adarsh Gram, Paighambarpur
Kolhua, P.O. -Kolhua, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Vice- Chancellor, BRA Bihar University, Muzaffarpur.
3. The BRA Bihar University through its Registrar having Office at
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sri Niwas Jha, Advocate
For the Respondent/s : Mr. Government Advocate (08)
For the BRA : Mr. Sunil Kumar Kavn, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“For issuance of a writ of mandamus to
command the respondents to regularize the service
of the petitioner as permanent with full pay and
dignity and cost of this proceedings.”
3. Learned counsel for the petitioner submits by
referring to Annexure-P/5, which is the resolution issued by the
General Administration Department, Government of Bihar, as
contained in Letter No.3974 dated 29.03.2019, whereby, in view
of judgment rendered by the Hon’ble Apex Court in Secy., State
of Karnataka and Others vs. Uma Devi reported in (2006) 4
SCC 1, the cases of such nature were directed to be placed
before the Committee constituted under the Chairmanship of
Patna High Court CWJC No.21002 of 2025(2) dt.06-01-2026
2/2
Addl. Chief Secretary, General Administration Department,
Government of Bihar.
4. On the other hand, learned counsel for the State and
learned counsel for the University does not dispute the factual
position, insofar as the resolution dated 25.03.2019, is
concerned, and has no objection in case such matters are
directed to be considered by the Committee so constituted.
5. In view of the submissions so made, the petitioner
is directed to file a detailed representation before the Registrar,
BRA, Bihar University, for consideration of his claim by placing
on record all relevant documents for consideration and it is
expected that on filing of such representation, the same shall be
considered strictly in terms of the judgment rendered by the
Hon’ble Apex Court on the subjects in issue and on finding
substance in the case of this petitioner, appropriate orders are
required to be passed within a period of three weeks from today.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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