Patna High Court
Dr. Jagannath PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the Vice‑Chancellor of Patliputra University must dispose of the petitioner’s pending representation within three months, after hearing, and issue a reasoned order on the relief sought.
Summary
Dr. Jagannath Prasad, a petitioner, applied for a writ directing the State of Bihar and Patliputra University to issue a No Objection Certificate (NOC) for his appointment as Principal of Munger University, despite a pending criminal case against him. He sought mandamus, a declaration that denial of the NOC on the basis of the pending case violated Articles 14, 16 and 21 of the Constitution, and an injunction against any obstruction. The petitioner had also filed a representation on 13‑03‑2026 with the Vice‑Chancellor of Patliputra University, which remained pending. The court, with the parties’ consent, disposed of the writ at this stage, directing the Vice‑Chancellor to dispose of the pending representation within three months after giving the petitioner a hearing, and to pass a reasoned order on any relief claimed. No objections were raised by the respondents to this limited direction. The court ordered that all interlocutory applications, if any, be deemed disposed of.
Issues considered
- Whether denial of a No Objection Certificate on the basis of a pending criminal case, without conviction, violates Articles 14, 16 and 21 of the Constitution.
- Whether the court can issue a mandamus directing the university to grant the NOC.
- Whether the university must dispose of the petitioner’s pending representation within a fixed time and pass a reasoned order.
Subjects
- NOC
- mandamus
- pending criminal case
- Articles 14, 16, 21
- university appointment
- writ jurisdiction
- representation disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7437 of 2026
======================================================
Dr. Jagannath Prasad Son of Late Dhupan Prasad, Resident of Flat No. 302,
Maa Jageshwari Tower, Phase-II, Mahatma Gandhi Nagar, Kanti Factory
Road, P.O. Bahadurpur Housing Colony, P.S. Agamkuan, District Patna,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna- 800015.
2. The Principal Secretary, Education Department, Government of Bihar, New
Secretariat, Patna- 800015.
3. The Vice-Chancellor, Patlipuira University, Old Bypass Road, Kankarbagh,
Patna - 800020.
4. The Registrar, Patliputra University, Old Bypass Road, Kankarbagh, Patna-
800020.
5. The Finance Officer, Patliputra University, Old Bypass Road, Kankarbagh,
Patna- 800020.
6. The Principal, Ramakrishna Dwarika College, Lohia Nagar, Kankarbagh,
Patna - 800020.
7. The Station House Officer, Kankarbagh Police Station, District Patna, Bihar-
800020.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Sarthy, Adv
Ms. Priya Raj, Adv
For the State : Mr. Manoj Kumar Ambastha, SC (26)
Mr. Santosh Kumar Mishra, AC to SC 26
For the P.P.U. : Mr. P.K. Verma, Sr. Adv
Mr. Rabi Bhushan Prasad, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner, learned
counsel for the respondent-Patliputra University and learned
counsel for the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
Patna High Court CWJC No.7437 of 2026(2) dt.24-06-2026
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3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) Issuance of a
direction(s)/order(s)/writ(s) in the
nature of Mandamus, commanding the
Respondents to forthwith issue No
Objection Certificate (NOC) in favour
of the Petitioner for joining the post of
Principal at Munger University,
without insisting upon disposal of the
pending criminal case;
(ii) Issuance of a
direction(s)/order(s)/writ(s) declaring
that denial of No Objection Certificate
(NOC) solely on the basis of pendency
of a criminal case, in absence of any
conviction or departmental finding of
guilt, is illegal, arbitrary and violative
of Articles 14, 16 and 21 of the
Constitution of India;
(iii) Issuance of a
direction(s)/order(s)/writ(s)
restraining the Respondents from
creating any obstruction or
impediment in the Petitioner's joining
to the post of Principal at Munger
University on the basis of the pending
criminal case;
(iv) Issuance of any other
Patna High Court CWJC No.7437 of 2026(2) dt.24-06-2026
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appropriate writ(s), order(s), or
direction(s) that this Hon'ble Court
may deem fit and proper in the facts
and circumstances of the present
case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner has already filed a representation dated
13.03.2026 (Annexure-P/11) before the Vice-Chancellor of the
Patliputra University and the same continues to be pending. He,
therefore, prays that an appropriate direction be issued to the
Vice-Chancellor of the Patliputra University to dispose of the
pending representation of the petitioner within a fixed time
frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State and learned counsel appearing for the
respondent-University do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of directing the Vice-Chancellor of the Patliputra
University to dispose of the pending representation of the
petitioner dated 13.03.2026 (Annexure-P/11) within three
months from the date of production of a copy of this order by
Patna High Court CWJC No.7437 of 2026(2) dt.24-06-2026
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the petitioner, after giving an opportunity of hearing to the
petitioner. In case, the petitioner is found entitled to the relief
which he has claimed through the representation, the same
should be granted to the petitioner or otherwise a reasoned and
speaking order be passed as to why the relief being claimed by
the petitioner cannot be granted.
7. With the aforesaid observation/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)
kiran/-
U
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