Patna High Court
Ranvijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The High Court directed the Director, Higher Education, to decide the pending representation within six months, give a hearing, and issue a reasoned order, with further relief to be granted within three months if entitlement is established.
Summary
The petitioners, three teachers, filed a writ seeking the release of salary, arrears, and related benefits from the State of Bihar and Bhim Rao Ambedkar Bihar University, invoking the 2008 Resolution and the Bihar State Universities (Amendment) Act, 2015/2017. They also asked the court to direct the Director of Higher Education to decide a pending representation dated 18‑11‑2025 within a fixed period. The State and the University raised no objection to the limited prayer. The Court, after hearing counsel, ordered the Director to adjudicate the pending representation within six months, to provide a reasoned order, and, if the petitioners are found entitled, to extend the relief within three months. No substantive merits on salary entitlement were decided; the matter was remanded to the administrative authority. The writ application was consequently disposed of.
Issues considered
- The court’s jurisdiction to direct the Director of Higher Education to decide a pending representation within a stipulated time.
- Whether the petitioners are entitled to release of salary, arrears, and consequential benefits under the 2008 Resolution and the Bihar State Universities (Amendment) Act, 2015/2017.
- The requirement that the final order of the Director be reasoned and a speaking order.
Subjects
- salary arrears
- university grants
- higher education
- writ jurisdiction
- pending representation
- Bihar State Universities Act
- administrative direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.861 of 2026
======================================================
1. Ranvijay Kumar Singh Son of Sri Hare Krishna Singh, resident of Village
and P.O- Dubhaa P.S- Sakra, District-Muzaffarpur
2. Rajesh Kumar Son of Sri Ram Jiveen Prasad Sinha, resident of Village and
P.O- Upraul P.S-Deshri, District- Vaishali
3. Subhas Chandra Patel Son of Ram Lakhan Singh, resident of Village-
Gajipur, P.O-Upraul P.S-Deshri, District-Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Education Department,
Government of Bihar, Patna
2. The Secretary, Education Department, Government of Bihar, Patna
3. The Vice Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur
4. The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur
5. The Principal, Birchand Patel Memorial College, Deshri, Vaishali
6. The Director, Higher Education, Education Department, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar@Maurya, Advocate
For B.R.A.B.U. : Mr. Bindhyachal Rai, Advocate
For the State : Mr. Nawal Kishore Singh, A.C. to G.P.-26.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners, learned
counsel appearing on behalf of the respondent-State and learned
counsel for the respondent-University.
2. At the very outset, learned counsel for the
petitioners is permitted to add the Director, Higher Education,
Education Department, Bihar, Patna as party respondent in the
present writ application during the course of the day.
3. With consent of the parties, the present writ
Patna High Court CWJC No.861 of 2026(2) dt.22-01-2026
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application is being disposed of at this stage itself.
4. The petitioners in the present writ application have
prayed for grant of following relief :-
(i) For a direction to the Respondent
State of Bihar to release the necessary
funds/grants to the Respondent University for the
payment of current salary and arrears of salary
to the Petitioners from the date of their
regularization (or date of initial entitlement as
per policy).
(ii) Direct the Respondents to grant all
consequential benefits, including increments and
allowances, applicable to the Petitioners under
the 2008 Resolution and the Bihar State
Universities (Amendment) Act, 2015/2017,
(iii) Direct the Committee constituted
vide memo no. 2829 dated 30.09.2025 to
immediately resolve the discrepancy regarding
the Petitioners' salary payment within a fixed
time frame.
5. After advancing some argument, learned counsel
for the petitioners submits that for the aforesaid relief claimed in
the present writ application, the petitioner has filed several
representations before various authorities, one such
representation was sent by Registered Post which is dated
18.11.2025 addressed to the Director, Higher Education,
Education Department, Bihar, Patna which has been brought on
record by way of Annexure-6 to the writ application. He
submits that this representation is currently pending before the
Director, Higher Education, Education Department, Bihar, Patna
Patna High Court CWJC No.861 of 2026(2) dt.22-01-2026
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and hence prays that the petitioners would be satisfied if an
appropriate direction could be issued by this Court for disposing
of the pending representation of the petitioners after giving an
opportunity of hearing to the petitioners within a fixed time
frame.
6. To the aforesaid submissions made by learned
counsel for the petitioners, learned counsel appearing on behalf
of the respondent-State and respondent-University do not have
any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
stands disposed of directing the Director, Higher Education,
Education Department, Bihar, Patna to decide the pending
representation of the petitioners which was sent by Registered
Post on 18.11.2025, within a period of six months from the date
of receipt / production of a copy of this order after giving an
opportunity of hearing to the petitioner.
8. Needless to emphasize that the final order which
shall be passed by the Director, Higher Education, Education
Department, Bihar, Patna should be reasoned and speaking
order.
9. It is further made clear that in case the petitioners
Patna High Court CWJC No.861 of 2026(2) dt.22-01-2026
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are found entitled to the relief which the petitioners have
claimed through the representation then the same may be
extended to the petitioners within a further period of three
months from the date of final order.
10. With the aforesaid observation/direction and
liberty granted, the present writ application stands disposed of.
11. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
U
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