Patna High Court
Ram Balak ChoudharyversusThe State of Bihar, through the Additional Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- BIBEK CHAUDHURI
Holding
The contempt application is dropped on full satisfaction.
Summary
The petitioner, Ram Balak Choudhary, sought confirmation of his service after a court order directed the university to confirm him either from the date his probation ended or from the date of Dr. Amlendu Kumar's confirmation, creating a vacancy. The university, through its Vice‑Chancellor and later its Syndicate, issued conflicting orders regarding the effective date of confirmation, leading the petitioner to claim financial loss. The petitioner filed a contempt application when the university failed to comply with the earlier court direction. The High Court examined whether it could intervene in the Syndicate's decision on the date of confirmation and held that such matters are for the university to decide, and any grievance must be raised in a separate writ petition. Consequently, the court ordered the contempt application to be dropped, finding the matter settled.
Issues considered
- Whether the contempt application against the university should be entertained given the university's internal decision on the date of confirmation.
- Whether the court can interfere with the Syndicate's decision regarding service confirmation.
- Whether the petitioner is entitled to relief for alleged financial loss caused by the university's amendment of the confirmation order.
Subjects
- service confirmation
- probation period
- university syndicate
- contempt of court
- civil writ jurisdiction
- financial loss
- appointment vacancy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1086 of 2025
In
Civil Writ Jurisdiction Case No.1256 of 2020
======================================================
Ram Balak Choudhary Son of Shankar Choudhary, Resident of C/o. Professor
Sadan Prasad Singh, Kila Ghat, Sarai (Vivekanand Colony), near Mahadeo
Singh College, Sarai P.S.- Jagdishpur, town and district- Bhagalpur, Bihar-
812002.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Dr. S. Sidharth,
Human Resources Development Department (Higher Education),
Government of Bihar, Bikas Bhawan, Patna.
2. T.M. Bhagalpur University, Bhagalpur through its Vice Chancellor, Sri
Jawahar Lal, name of father not known to the petitioner.
3. Sri Jawahar Lal, name of father not known to the petitioner, the Vice-
Chancellor, T.M. Bhagalpur University, Bhagalpur.
4. Dr. Ramashish Purve, name of father not known to the petitioner, the
Registrar, T.M. Bhagalpur University, Bhagalpur.
5. Sri Sanjay Kumar Jha, name of father not known to the petitioner, The
Director, Agro-Economic Research Centre for Bihar and Jharkhand, T.M.
Bhagalpur University, Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rabia Gulnaz, Advocate
For the Opposite Party/s : Mr. Additional Advocate General 13
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
10 18-03-2026 CWJC No.1256 of 2020 was disposed of with the
following direction:-
“20. The respondent authority is directed to issue an
order of confirmation either from the date of completion of
probation period by the petitioner or from the date of
confirmation of Dr. Amlendu Kumar causing resultant vacancy
in the post held by Dr. Amlendu Kumar with all consequential
reliefs, such action shall be taken by the University, within 60
Patna High Court MJC No.1086 of 2025(10) dt.18-03-2026
2/3
days from the date of communication of this order.”
2. Since, the respondent authority failed and neglected
to comply with the above order, the petitioner filed MJC
No.1086 of 2025. During pendency of the contempt application,
the Vice-Chancellor passed an order of confirmation of the
petitioner from the date of completion of probation period,
subject to the final decision by the Syndicate.
3. Subsequently, on 09.01.2026 a supplementary show
cause was filed on behalf of the opposite party Nos.2 to 5,
stating inter-alia, that the Syndicate of the University considered
the matter for fixing the date of confirmation of the petitioner in
service in its meeting dated 06.12.2025. It was unanimously
decided in the said meeting that the service of the petitioner
would be confirmed w.e.f. 06.08.2016 i.e. from the date of
confirmation of Dr. Amlendu Kumar causing resultant vacancy
in the post held by the said Dr. Amlendu Kumar.
4. In view of the said decision by the Syndicate,
financial relief was duly granted to the petitioner.
5. The petitioner filed a rejoinder, stating inter-alia,
that the service of the petitioner was confirmed w.e.f.
23.01.2010 by the University vide Order No.109/2025 dated
02.05.2025 issued by the Vice-Chancellor. The syndicate cannot
Patna High Court MJC No.1086 of 2025(10) dt.18-03-2026
3/3
amend the said order and such amendment has caused great
financial loss to the petitioner.
6. Having heard the learned Counsels for both the
parties.
7. This Court finds that paragraph No.20 of the
judgment passed in CWJC No.1250 of 2020 was absolutely
clear regarding confirmation of the petitioner. It is let upon the
University Authority to decide as to whether, the petitioner
would be confirmed from the date of completion of his
probation or from the date when the post remained vacant after
the confirmation of Dr. Amlendu Kumar.
8. The Syndicate is the highest decision making body
of the University. If the petitioner is aggrieved by the decision
of the syndicate, he is at liberty to raise his grievance in a
separate writ petition. The instant proceeding cannot decide
such issue.
9. In view of such finding, the contempt application
be dropped on full satisfaction.
(Bibek Chaudhuri, J)
mdrashid/-
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