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Patna High Court

Anil Kumar SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The universities must absorb the petitioner and pay the consequential benefits as directed in the earlier judgment of Akhilanand Singh & Ors.

Summary

Anil Kumar Sinha filed a writ petition seeking his absorption as a staff member of Magadh University and Patliputra University along with payment of consequential benefits. The State of Bihar, the two universities, and other officials were impleaded as respondents. Both sides relied on the precedent set in Akhilanand Singh & Ors. v. State of Bihar (2018(3) PLJR 1029), arguing that the earlier judgment mandates absorption of similar petitioners. The Patna High Court examined the earlier judgment and found it applicable, directing the universities to complete the absorption process and pay the benefits within four months. The petition was therefore disposed in accordance with the earlier decision.

Issues considered

  • Whether the petitioner is entitled to be absorbed as a staff member of the universities under the principles laid down in Akhilanand Singh & Ors. v. State of Bihar
  • Whether the universities are obligated to pay the consequential benefits to the petitioner upon absorption

Subjects

  • service absorption
  • consequential benefits
  • writ jurisdiction
  • higher education
  • precedent
  • employment rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4360 of 2026
                 ======================================================
                 Anil Kumar Sinha S/o Late Sri Ram Swaroop Sinha residing at J/22, P.C.
                 Colony, P.S. Kankarbagh, District Patna.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through its Secretary, Govt. of Bihar, Patna.
           2.    The Vice Chancellor, Magadh University, Bodhgaya, Bihar.
           3.    The Registrar, Magadh University, Bodhgaya, Bihar.
           4.    The Vice Chancellor, Patliputra University, Kankarbagh, Patna.
           5.    The Registrar, Patliputra University, Kankarbagh, Patna.
           6.    The Principal Secretary, Education Department, (Higher Education), Govt.
                 of Bihar, Patna.
           7.    The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
           8.     The Principal, Ganga Devi, Mahila Mahavidyalay, Kankarbagh, Patna.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Tathagat Saurabh, Advocate
                 For the Respondent/s    :       Mr. Madhukar Mishra, AC to SC-16
                                                 Dr. Anand Kumar, Advocate
                                                 Ms. Tooba Hera, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   30-03-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The learned counsel for the parties including the

                   learned counsel appearing for the University submit that the

                   present case is squarely covered by a judgment reported in

                   2018(3) PLJR 1029 (Akhilanand Singh & Ors. v. The State of

                   Bihar & Ors.), hence the present writ petition can be disposed

                   of with a direction to the University to absorb the services of the

                   petitioners in terms of the judgment passed by this Court in the

                   case of Akhilanand Singh & Ors. (supra) as well as for payment
           Patna High Court CWJC No.4360 of 2026(2) dt.30-03-2026
                                                       2/2




                     of the consequential benefits in terms thereof.

                                 3. Having regard to the submissions made by the

                     learned counsel for the parties, the present writ petition is

                     disposed of in terms of the judgment passed by this Court in the

                     case of Akhilanand Singh & Ors (supra) and the University is

                     directed to complete the process of absorption and make

                     payment of the consequential benefits within a period of four

                     months from today.



                                                                    (Ajit Kumar, J)
shikha/-

U


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