Madan Mohan Mishra vs Kameshwar Singh Darbhanga Sanskrit ... on 26 October, 2018

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Patna High Court - Orders

Madan Mohan Mishra vs Kameshwar Singh Darbhanga Sanskrit ... on 26 October, 2018

Bench: Anil Kumar Upadhyay

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.321 of 2013
                 ======================================================
                 Madan Mohan Mishra Son Of Dudheshwar Mishra Resident Of Mohalla -
                 Mangala Gauri, P.S. Civil Lines, District - Gaya, At Present Working As
                 Assistant In Nityanand Sanskrit Mahavidyalaya, Amarut, Gaya, District -
                 Gaya

                                                                           ... ... Petitioner/s
                                                  Versus
            1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
               Darbhanga Through It'S Registrar
            2. The Vice Chancellor, K.S.D. Sanskrit University, Darbhanga
            3. The Registrar, K.S.D. Sanskrit University, Darbhanga
            4. Governing Body, Nityanand Sanskrit Mahavidyalaya, Amarut Gaya, District -
               Gaya Through It'S Secretary
            5. The State Of Bihar Through Principal Secretary (Higher Education) Human
               Resources Development Department, Bihar, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr. Durga Nand Jha
                 For the Respondent/s   :    Mr. Jai Prakash Sharma, AC to GP 21
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

2   26-10-2018

Heard learned counsel for the petitioner and learned counsel appearing for the State.

Learned counsel for the petitioner submits that the case of the petitioner is similar to that of Barun Kumar Bhattacharya, petitioner in CWJC No. 1930 of 2012, which was disposed of by a co-ordinate Bench of this Court vide order dated 31.01.2012. He submits that in the light of the judgment of the Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi (3) [2006 (2) PLJR 363 (SC)] that writ petition was disposed of with a direction to the University to take appropriate decision on the claim of the petitioner for Patna High Court CWJC No.321 of 2013(2) dt.26-10-2018 2/2 regularization as one time measure. He submits that the case of the present petitioner deserves similar treatment.

Considering the aforesaid, the writ application is disposed of with direction to the respondent-University to take appropriate decision in the matter of the petitioner also in the light of the order of this Court in CWJC No. 1930 of 2012 (annexure-8) and pass necessary order on the claim of the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./-

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Patna High Court - Orders