Patna High Court
Dr. Umesh SharmaversusKameshwar Singh Darbhanga Sanskrit University,
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the appropriate remedy is to direct the Chancellor to consider the petitioner’s pending representation within two weeks and issue a reasoned order, rather than entertain the writs seeking quash and mandamus.
Summary
Dr. Umesh Sharma, a former Vice‑Chancellor of Kameshwar Singh Darbhanga Sanskrit University, filed a writ petition seeking to quash a 2019 order that cancelled his life‑member status in the university Senate and to compel the university to allow his participation under sections 18(12) and 18(13) of the Bihar State University Act. He also urged the court to direct the Chancellor to consider a representation he had filed on 12‑02‑2026. Both parties consented to a limited disposal. The High Court, noting the narrow prayer, ordered the Chancellor to dispose of the pending representation within two weeks, after giving the petitioner a hearing, and to issue a reasoned order extending any entitlement within a further week. No substantive decision on the validity of the cancellation or the statutory right to life‑membership was made.
Issues considered
- Whether the petitioner is entitled to life‑member status in the Senate under sections 18(12) and 18(13) of the Bihar State University Act.
- Whether the 2019 order cancelling the life‑membership is liable to be quashed.
- Whether a writ of mandamus can be issued to compel the university to allow the petitioner’s participation in Senate meetings.
- The procedural propriety of directing the Chancellor to dispose of the petitioner’s representation within a specified time.
Subjects
- life member
- university Senate
- Bihar State University Act
- writ of certiorari
- mandamus
- representation
- Chancellor
- judicial review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3685 of 2026
======================================================
Dr. Umesh Sharma Son of Late Kapildeo Sharma, Resident of Village -
Derhsaiya, P.S.-Kako, District- Jehanabad at present posted as University
Professor, Govt. Sanskrit College, Kazipur, Patna.
... ... Petitioner/s
Versus
1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,
Darbhanga through its Registrar.
2. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
4. The Chancellor, Universities of Bihar, Governor Secretariat, Raj Bhawan,
Patna through its Additional Chief Secretary.
5. The officer on Special Duty (O.S.D.), to the Chancellor, Universities of
Bihar, Governor Secretariat, Raj Bhawan, Patna.
6. The Under Secretary to the Governor, Governor Secretariate, Raj Bhawan,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Adv.
Mr.Raghubir Chandra, Adv.
For the Respondent/s : Mr.Binay Kumar Singh
For the University : Mr.Jai Prakash Singh, Adv.
For the Chancellor : Mr.Sajid Salim Khan, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner, learned
counsel appearing for the Chancellor of the University-
respondent and the learned counsel appearing for the
respondent-University.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
Patna High Court CWJC No.3685 of 2026(2) dt.24-03-2026
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prayed for the grant of following reliefs:
“(i) For issuance of an appropriate Writ
in the nature of certiorari quashing the order
bearing letter no. 3354 dated 02.12.2019 as issued
under the signature of Officer On Special Duty
(University), Governor Secretariat, Bihar, Raj
Bhawan, Patna (as communicated to the Petitioner
as enclosure of letter no. 103 dated 23.01.2025 of
the Under Secretary, to the Governor, Governor
Secretariate, Bihar, Raj Bhawan, Patna) by which
the notification with regard to declaration of Life
Member for the Senate of the University has been
cancelled.
(ii). For issuance of an appropriate
writ/order/declaration that the Petitioner being the
Ex-Vice Chancellor of the Kameshwar Singh
Darbhanga Sanskrit University is the life member
of the Senate of the University under the provision
of section 18(12) of the University Act and as such
has a legal and statutory right for participating in
the meeting of the Senate of Kameshwar Singh
Darbhanga Sanskrit University as and when
scheduled.
(iii). For issuance of an appropriate Writ
in the nature of Mandamus commanding the
Respondents to invite and allow the Petitioner to
participate in the meeting of the Senate of
Kameshwar Singh Darbhanga Sanskrit University
as and when scheduled since the Petitioner is a life
member of the Senate of the University under
section 18 (12) & 18 (13) of Bihar State University
Act.
(iv). For issuance of any other relief/s for
which the Petitioner is entitled in the eye of law
and in the facts and circumstances of the case.”
4. While advancing some argument, learned counsel
Patna High Court CWJC No.3685 of 2026(2) dt.24-03-2026
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for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner has filed a representation dated 12.02.2026
(Annexure-P/11) addressing to the Chancellor of respondent-
University, which as per the petitioner, continues to be pending.
He therefore submits that the petitioner would be satisfied if an
appropriate direction be issued to the Chancellor of the
respondent-University to dispose of the representation of the
petitioner dated 12.02.2026 within two weeks from the date of
receipt / production of a copy of this order, after giving an
opportunity of hearing to the petitioner.
5. Learned counsel appearing for the Chancellor of
the University and the learned counsel appearing for the
respondent-University do not have any objection to the
aforesaid submission made by the learned counsel for the
petitioner.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of directing the Chancellor of the respondent-
University to dispose of the pending representation of the
petitioner dated 12.02.2026 (Annexure-P/11) positively within
two weeks from the date of receipt / production of a copy of this
order, after giving a liberty of hearing to the petitioner.
Patna High Court CWJC No.3685 of 2026(2) dt.24-03-2026
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7. Needless to emphasize that the final order which
shall be passed by the Chancellor of the respondent-University
should be a reasoned and speaking order and if the petitioner is
found entitled to the relief which the petitioner has claimed
through representation dated 12.02.2026, then the same should
be extended to the petitioner within a further period of one week
from the date of the final decision.
8. With the aforesaid observation and direction, this
writ application is disposed of. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
kundan/-
U
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