Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed the writ by granting liberty to file a representation before the Registrar and directing its disposal within stipulated time, without issuing a mandamus.
Summary
The petitioner, Mahesh Kumar, filed a writ of mandamus seeking to have his services regularised as a permanent employee with full pay and dignity. He offered to file a fresh representation before the Registrar of B.R.A. Bihar University and requested the court to direct the Registrar to dispose of that representation within a fixed time. The State of Bihar and the University raised no objection to this limited prayer. The court, with the parties' consent, disposed of the writ by granting the petitioner liberty to file the representation within four weeks and directing the Registrar to decide it within three months, with a reasoned order. The court clarified that any relief granted by the Registrar must be implemented within three months of the final order. Consequently, the writ application was disposed without issuing a mandamus.
Issues considered
- What is the appropriate remedy for regularising the petitioner's services as permanent?
- Whether the court should issue a writ of mandamus or direct the petitioner to approach the University Registrar?
Subjects
- Writ of Mandamus
- Regularisation of Services
- Permanent Employment
- Procedural Direction
- Higher Education
- Public Service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4788 of 2026
======================================================
Mahesh Kumar Son of Rajendra Paswan , a R/o- Mohalla- Atardah, Musahri,
Ramnam P.S.- Kazimohammadpur, 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, B.R.A. Bihar University, Muzaffarpur.
3. The B.R.A. 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. Mujtabaul Haque
For the University : Mr. Vivekanand Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner, learned
counsel appearing on behalf of B.R.A. Bihar University and
learned counsel appearing for the respondent-State.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for grant of following relief :-
“1. That this is an application for
issuance of a Writ of Mandamus to command the
respondents the regularize the services of the
petitioner as permanent with full pay & dignity
and cot of the proceedings.”
Patna High Court CWJC No.4788 of 2026(2) dt.07-04-2026
2/3
4. After advancing some argument, learned counsel
for the petitioner submits that for the aforesaid relief claimed in
the present writ application, the petitioner is prepared to file
fresh representation before the Registrar, B.R.A. Bihar
University (respondent No.3). He accordingly prays that the
petitioner would be satisfied if an appropriate direction could be
issued by this Court to Registrar, B.R.A. Bihar University
(respondent No.3) to dispose of the representation which would
be filed by the petitioner within a fixed time frame after giving
an opportunity of hearing to the petitioner.
5. To the aforesaid submissions made by learned
counsel for the petitioner, learned counsel appearing on behalf
of the respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
stands disposed of granting liberty to the petitioner to file
representation before Registrar, B.R.A. Bihar University
(respondent No.3) within four weeks from the date of passing of
this order and if such representation is filed by the petitioner, the
same shall be disposed of by the Registrar, B.R.A. Bihar
University (respondent No.3) within a further period of three
months from the date of filing of the representation after giving
Patna High Court CWJC No.4788 of 2026(2) dt.07-04-2026
3/3
an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Registrar, B.R.A. Bihar University
(respondent No.3) should be reasoned and speaking order.
8. It is further made clear that in case the petitioner is
found entitled to the relief which the petitioner would be
claiming in the representation, the same should be extended to
the petitioner within a further period of three months from the
date of passing of the final order by the Registrar, B.R.A. Bihar
University (respondent No.3).
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
U
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