Created by Fuzzy Cloud

Patna High Court

Ram Balak ChoudharyversusThe State of Bihar, through the Additional Chief Secretary,

Decided
Disposal
DISPOSED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.