Patna High Court
Dr. Kiran JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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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