Patna High Court
Dr. Mona BalaversusThe Patna University
- Decided
- Disposal
- DISPOSED
Holding
In the absence of a formal appointment, salary, attendance register or service record, the Registrar is not legally bound to issue a teaching experience certificate, and the appeal is dismissed.
Summary
Dr. Mona Bala filed a writ petition seeking a mandamus directing the Registrar of Patna University to issue a formal teaching experience certificate for the period 15 October 2015 to 16 October 2020, based on a certificate issued by the Head of the Sanskrit Department. The University contended that she was never formally appointed, received no salary, and was engaged only on an honorary basis, so no official service records existed. The Single Judge held that the lack of a formal appointment letter, salary, attendance register or service record meant the University had no legal basis to issue the certificate. On appeal, the High Court examined whether the Registrar was statutorily obliged to grant the certificate and whether the denial violated any university circular or law. Finding no statutory duty and no procedural violation, the Court dismissed the Letters Patent Appeal, upholding the Single Judge’s order.
Issues considered
- Whether the Registrar of Patna University is legally required to issue a teaching experience certificate in the absence of a formal appointment, salary, attendance register or service record.
- Whether the denial of the certificate contravenes any university circular, statutory provision or procedural rule.
- Whether the High Court can interfere with the Single Judge’s order in a Letters Patent Appeal on these grounds.
Subjects
- teaching experience certificate
- university appointment
- mandamus
- statutory authority
- letters patent appeal
- higher education
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.619 of 2025
In
Civil Writ Jurisdiction Case No.434 of 2022
======================================================
Dr. Mona Bala Daughter of Sri Yogendra Prasad Sinha Resident of Mohalla-
Kadamkuan, Police Station- Kadamkuan District-Patna.
... ... Appellant/s
Versus
1. The Patna University through Vice-Chancellor, Patna University, Patna.
2. The Vice Chancellor, Patna University, Patna.
3. The Registrar, Patna University, Patna.
4. Dr. Sudha Mishra Wife of not Known the then Head of Department,
Sanskrit, Patna, University, Patna.
5. The Head of the Department, Department of Sanskrit, Patna University,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Shankar Prasad, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj, GP-5
For the University : Mr. Mani Dhari Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-01-2026
This Letters Patent Appeal has been filed by the
appellant Dr. Mona Bala challenging the order dated 01.05.2025
passed by the learned Single Judge in CWJC No. 434 of 2022.
The petitioner/appellant had approached this Court by filing a
writ petition with the following prayer :-
“1. That this is an application for issuance of
writ in the nature of mandamus commanding the
respondent no. 3, the Registrar, Patna
University, Patna for issuance of Teaching
Patna High Court L.P.A No.619 of 2025 dt.09-01-2026
2/4
Experience Certificate on the basis of Teaching
Experience Certificate issued by the Head of the
department, Sanskrit, (Respondent no.-4), Patna
University in favour of the petitioner for the
period from 15.10.2015 to 16.10.2020 as
contained in Annexure-2 to the writ petitioner
bearing letter no. S/PU/20/59 dated 16.10.2020
and further, to return the original copy of
Annexure-2 which was submitted before the
Respondent no-3 for consideration of issuance of
Teaching Experience Certificate And/ or issue
other writ/ writs or order/ orders or direction/
directions for the just decision of the case.”
2. The respondents were issued notice in the matter
and counter affidavit was filed by the respondents. The Head of
the Department, Sanskrit, Patna University, Patna (Respondent
No. 4 in the writ petition) filed the counter affidavit wherein it is
stated that the appellant was not officially appointed by the
University nor by the HoD, Sanskrit on any teaching post. It is
further stated that she was never officially appointed by the
University on any teaching post. In order to gain teaching
experience, she was engaged in PG classes from 15.10.2015 to
24.07.2019 during PHD and after PHD on an honorary basis. It
is further stated that as per the directions obtained by the Office
of the Registrar, a meeting of Department Council was held to
discuss the matter relating to the appellant and it was
Patna High Court L.P.A No.619 of 2025 dt.09-01-2026
3/4
unanimously decided that the certificate which was issued to the
petitioner was an honorary one and it was not sent by the PG
Department of Sanskrit in the Office of the Registrar for issuing
experience certificate. The learned Single Judge after
considering the submissions made by the learned counsel for the
respective parties and going through the counter affidavits, has
been pleased to hold as follows :-
“20. The petitioner’s claim for a formal teaching
experience certificate from the Registrar of the
Patna University lacks legal basis. In the
absence of formal appointment letter, payment of
salary, attendance register or any service record
maintained by the University, it is difficult for
this Court to direct the Statutory Authority to
issue certificate, contrary to be University’s
circular, norms and procedures.”
3. Learned counsel for the appellant submitted that
since the appellant was taking some classes, which is not in
dispute, therefore, the experience certificate should have been
issued in favour of the appellant and thus the denial of such
certificate was not justified. However, the learned counsel does
not dispute that there was no formal appointment letter issued
by the University to the appellant nor she was given any salary
nor there was any attendance register in which she had signed or
any service record maintained by the University. Nothing was
Patna High Court L.P.A No.619 of 2025 dt.09-01-2026
4/4
produced before the learned Single Judge or before this Court
that the Statutory Authority is empowered to issue experience
certificate also in favour of the person who has taken few
classes in the University without having been appointed.
Therefore, if the act of non-issuance of the experience certificate
by the University is not against any circular, law or any
procedure, we do not find any fault with the impugned order of
the learned Single Judge. Moreover, in view of the limited scope
of interference in the Letters Patent Appeal, we find no
perversity in the impugned order and, therefore, we are not
inclined to interfere with the same.
4. The Letters Patent Appeal is, accordingly,
dismissed.
5. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Sudhir Singh, J)
Anushka/-
AFR/NAFR
CAV DATE N/A
Uploading Date 12.01.2026
Transmission Date
Checking your session…