Patna High Court
Bindeshwar MehtarversusThe Chancellor of the University
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The order dated 23.12.2025 is set aside and the matter is remanded to the Registrar, Purnea University, to decide afresh after granting the petitioner an opportunity of hearing.
Summary
The petitioner, Bindeshwar Mehtar, sought regularisation of his service as a Sweeper in Araria College, alleging that the order dated 23.12.2025 issued by the Registrar of Purnea University rejected his claim without considering earlier judgments and without granting him a hearing. The High Court noted that the earlier order dated 23.09.2025 in CWJC No. 11499 of 2019 directed the university to consider the petitioner’s long service and to decide the matter in accordance with Supreme Court precedents. The court found that the subsequent order of 23.12.2025 was passed without affording the petitioner an opportunity of hearing, violating the principles of natural justice. Consequently, the court set aside the impugned order and remanded the matter to the Registrar to decide afresh, providing the petitioner a chance to be heard and to receive copies of all material relied upon. The court directed that the fresh decision be made within four months and the petition was disposed.
Issues considered
- Whether the order dated 23.12.2025 rejecting the petitioner’s claim for regularisation was passed without granting a hearing, thereby violating natural justice.
- Whether the order should be set aside and the matter remanded for fresh consideration in line with the earlier directive of 23.09.2025.
- Whether the university complied with the Supreme Court judgments referred to in the earlier order.
Subjects
- natural justice
- service regularisation
- writ petition
- quashing order
- opportunity of hearing
- university administration
- employment law
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4111 of 2026
======================================================
Bindeshwar Mehtar S/o Late Dhorai Mehtar, R/o-Mohalla Jai Prakash Nagar,
Ward No. 7, P.S.-Araria, District-Araria.
... ... Petitioner/s
Versus
1. The Chancellor of the University Raj Bhawan (Now Bihar Lok Bhawan),
Bihar.
2. Bhupendra Narayan Mandal University through its Vice Chancellor,
Madhepura-852113, Bihar.
3. The Vice Chancellor, Bhupendra Narayan Mandal University, Madhepura-
852113, Bihar.
4. The Registrar, Bhupendra Narayan Mandal University, Madhepura-852113,
Bihar.
5. The Principal, Araria College, Araria.
6. The Bursur, Araria College, Araria.
7. Purnea University, Purnea through the Registrar, Purnea University.
8. The Vice Chancellor, Purnea University, Purnea.
9. The Registrar, Purnea University, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Sinha, Adv.
For the Respondent/s : Mr.Maurya Vijay Chandra
For B.N. Mandal University: Mr.Md. Nadim Saroj, Adv.
For Purnea University : Mr.Dr.Maurya Vijay Chandra, Adv.
Mr.Gaurav Govinda, Adv.
Ms.Preety Ranjan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner, learned
counsel appearing for respondent-Purnea University and learned
counsel appearing for B.N. Mandal University.
2. In the present writ application, the petitioner has
prayed for the grant of following relief:
“(i) for issuance of an appropriate
writ/order quashing the order dated 23.12.2025
Patna High Court CWJC No.4111 of 2026(3) dt.07-04-2026
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signed by the Registrar, Purnea University by
order of the Vice Chancellor, Purnea University,
Purnea contained in Memo No. 1624 (Annexure-
P/9) whereby and whereunder the claim of the
petitioner for regularisation of his services against
the sanctioned vacant post of Sweeper (Safai
Karmi) in Araria College, Araria, a constituent
college of the erstwhile Bhupendra Narayan
Mandal University (respondent no.2) now under
Purnea University (Respondent No.7) has been
rejected without considering the judgments
referred by this Hon'ble Court in the order dated
23.09.2025 passed in C.W.J.C. No. 11499 of 2019
(the earlier writ petition filed by the petitioner
before this Hon'ble Court).”
3. While advancing argument, learned counsel for the
petitioner submits that earlier also, the petitioner had filed a writ
application vide CWJC No. 11499 of 2019, which was heard
and disposed of by order dated 23.09.2025 (Annexure-P/8). The
operative portion of the said order is contained in paragraph 13
and 14, which is quoted hereinbelow for needful:-
“13. Considering the fact that this
petitioner had worked since 2003 and was engaged
by the college in different capacities as Night
Guard but against the sanctioned post of Sweeper
(Safai Karmi) had been duly working since 2007,
after the death of his father and has continuously
served till January, 2016, which is an undisputed
fact and thereafter as per the petitioner, from time
to time he has served the said college is a fact,
which is to be considered by the said University
and therefore, respondent no. 7, Registrar, Purnea
University, is directed to take into account all these
Patna High Court CWJC No.4111 of 2026(3) dt.07-04-2026
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facts and place it before the competent authority to
take a final decision in this regard in the light of
judgments rendered by the Hon’ble Apex Court, as
referred above by giving a sympathetic
consideration recognizing the past services of this
petitioner, within a period of three months from the
date of the receipt of the order passed by this Court
and while taking final decision with regard to the
claim of the petitioner, the authority shall be
obliged to strictly consider the ratio laid down in
the judgments referred above, so that, the decision
of the University could speak of itself that thread-
bearing deliberations have been made while
deciding the case of the petitioner.
14. It goes without saying that on
consideration within the time so specified, the final
decision with a reasoned and speaking order, shall
be communicated to the petitioner further.”
4. Learned counsel for the petitioner further submits
that in compliance of the order dated 23.09.2025 passed in
CWJC No. 11499 of 2019, a fresh order has been passed on
23.12.2025, signed by the Registrar, Purnea University which is
contained in Memo No. 1624 (Annexure-P/9), which is against
the petitioner and therefore the petitioner has challenged this
order in the present writ application.
5. While assailing the impugned order dated
23.12.2025 (Annexure-P/9), learned counsel for the petitioner
submits that while passing the order, the petitioner was not
granted opportunity of hearing and participation and therefore
the impugned order passed by the Registrar, Purnea University
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is in violation of principles of natural justice. He therefore
submits that the impugned order be set-aside and the matter be
remanded back to the Registrar, Purnea University to decide the
matter afresh, after giving opportunity of hearing to the
petitioner which should include supplying copies of all such
documents on which the Registrar, Purnea University will rely
while passing the order in compliance of the previous order
dated 23.09.2025 passed in CWJC No. 11499 of 2019.
6. Learned counsel appearing for Registrar, Purnea
University submits that the impugned order which has been
challenged by the petitioner is in accordance with law and need
not be interfered with for the reason that while disposing of
CWJC No. 11499 of 2019, there was no observation given by
this Court of granting any opportunity of hearing to the
petitioner. However, learned counsel appearing for Purnea
University submits that they are ready to grant post-decisional
hearing to the petitioner.
7. On careful consideration of the submissions made
by both the parties, it is a view of this Court that although the
impugned order has been passed in terms of the order dated
23.09.2025 passed in CWJC No. 11499 of 2019, but it is equally
true that while passing the said order by the Registrar, Purnea
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University, no opportunity of hearing was granted to the
petitioner, which clearly amounts to violation of principles of
natural justice. It is for this reason that the impugned order dated
23.12.2025 signed by the Registrar, Purnea University, as
contained in Memo No. 1624 (Annexure-P/9), is set-aside and
the matter is remanded back to the Registrar, Purnea University
to decide the matter afresh in accordance with the direction
given vide order dated 23.09.2025 passed in CWJC No. 11499
of 2019, after giving opportunity of hearing to the petitioner
which will also include giving copies of all such documents
which the Registrar, Purnea University would be relying for the
purpose of passing the final order. This entire exercises must be
completed within a period of four months from the date of
receipt / production of a copy of this order.
8. The petitioner is also directed to cooperate in the
proceeding which would be carried out by the Registrar, Purnea
University and in case opportunity is granted to the petitioner to
participate in the proceeding and if the petitioner is not availing
the said opportunity, then the Registrar, Purnea University, after
assigning cogent reason, may proceed to decide the matter on
the basis of materials available on the record.
9. With the aforesaid observation/direction, this writ
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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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