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Patna High Court

Dr. Kiran JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the Vice‑Chancellor of B.R. Ambedkar Bihar University to dispose of the pending representation within three months, after hearing, and to pass a reasoned order.

Summary

Dr. Kiran Jha, a professor of Philosophy, filed a writ petition seeking correction of her promotion date from 28‑06‑2020 to 27‑07‑2011 and the consequent salary benefits. She had earlier submitted a representation to the Vice‑Chancellor of B.R. Ambedkar Bihar University on 18‑09‑2024, which remained pending. The petitioners argued that the university’s inaction violated their right to timely promotion and remuneration. The respondents (State and University) raised no objection to the limited relief sought. The Court, with consent of both parties, directed the Vice‑Chancellor to dispose of the pending representation within three months after giving the petitioner a hearing, and to issue a reasoned order, extending any relief within one month thereafter. The writ application was consequently disposed of.

Issues considered

  • Whether the university is obligated to decide the pending representation concerning correction of promotion date and related benefits.
  • Whether a writ of mandamus can be issued to compel the university to act within a specified time.

Subjects

  • promotion correction
  • university administration
  • writ of mandamus
  • salary arrears
  • higher education law
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.904 of 2026
                 ======================================================
                 Dr. Kiran Jha Wife of Arvind Kumar Jha, resident of Savitri Sadan, Shankar
                 Nagar, Club Road, P.O.- Ramna, P.S. - Mithanpura, District- Muzaffarpur, Pin
                 Code- 842002.

                                                                     ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Bihar, Patna.
           2.    Director, Higher Education, Education Department, Bihar, Patna.
           3.    B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar.
           4.    Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.
           5.    Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Abhinav Srivastava, Sr. Advocate
                                                 Mr. Raushan, Advocate
                                                 Mr. Pushkar Bhardwaj, Advocate
                                                 Ms. Shreyashi Raj, Advocate
                 For B.R.A.B.U.            :     Mr. Bindhyachal Rai, Advocate
                 For the Respondent/s      :     Mr.Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   22-01-2026                          Heard learned counsel for the petitioner, learned

                   counsel appearing on behalf of the respondent-State and learned

                   counsel appearing on behalf of the respondent-University.

                                 2. With consent of both the parties, the present writ

                   application is being disposed of at this stage itself.

                                 3. The petitioner has prayed for grant of following

                   relief :-

                                     (i) Issuance of a direction, order or writ,
                           including writ in the nature of mandamus commanding
                           the concerned respondent authorities under the B.R.
                           Ambedkar Bihar University, Muzaffarpur (hereinafter
Patna High Court CWJC No.904 of 2026(2) dt.22-01-2026
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                 referred to as "the University") to take steps towards
                 making correction in the date of promotion granted to
                 the petitioner in rank of Professor in Philosophy in the
                 services of the University by making the said promotion
                 effective from 27/07/2011 in place of 28/06/2020:
                             (ii) Issuance of a direction, order or writ,
                 including writ in the nature of mandamus commanding
                 the concerned respondent authorities under the
                 University to take steps towards extending all the
                 consequential benefits, including revision and fixation
                 of salary and also payment of arrears of difference of
                 arrears that the petitioner would become entitled to
                 upon grant of promotion in the rank of Professor in
                 Philosophy in the services of the University w.e.f.
                 27/07/2011 in place of 28/06/2020 along with penal
                 interest on account of the loss that the petitioner has
                 been subjected to on account of inaction on the part of
                 the University in making necessary correction in the
                 date w.e.f. from which the petitioner is to be granted
                 promotion in the rank of Professor;
                             (iii) Any other relief/reliefs that the petitioner
                 may be found to be entitled to in the facts and
                 circumstances of the present case.

                      4. After advancing some argument, learned counsel

          for the petitioner submits that for the aforesaid relief claimed in

          the present writ application, the petitioner has already filed a

          representation dated 18.09.2024 (Annexure-P/15) before the

          Vice-Chancellor of the respondent University and the same

          continues to be pending.                He accordingly prays that the

          petitioner would be satisfied if an appropriate direction could

          be issued to the Vice-Chancellor of the respondent-University

          by this Court for disposing of the pending representation of the

          petitioner after giving an opportunity of hearing to the petitioner
Patna High Court CWJC No.904 of 2026(2) dt.22-01-2026
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          within a fixed time frame.

                      5. To the aforesaid submissions made by learned

          counsel for the petitioner, learned counsel appearing on behalf

          of the respondent-State and 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

          stands disposed of directing the Vice-Chancellor of the

          respondent University to dispose of the pending representation

          dated 18.09.2024 (Annexure-P/15) of the petitioner within three

          months from the date of receipt / production of a copy of this

          order after giving an opportunity of hearing to the petitioner.

                      7. Needless to emphasize that the final order which

          shall be passed by the Vice-Chancellor of the respondent

          University 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 has claimed

          through the representation then the same may be extended to the

          petitioner within a further period of one months from the date of

          final order passed by the Vice-Chancellor of the respondent

          University .

                      9. With the aforesaid observation/direction and liberty
            Patna High Court CWJC No.904 of 2026(2) dt.22-01-2026
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                      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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