Patna High Court - Orders
Rakesh Kumar Singh vs The State Of Bihar on 28 June, 2022
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.659 of 2021
In
Civil Writ Jurisdiction Case No.8884 of 2020
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Rakesh Kumar Singh
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kumar Kaushik, Advocate
Mr. Pushkar Baradwaj, Advocate
For the Respondent/s : Mr. Ajay Kr. Rastogi (Aag10)
For the University : Mr. Priyank Deepak, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 28-06-2022The appellant, an Assistant Professor in Netaji Subash Institute of Technology, Amhara, Bihta, Patna, an institute which is affiliated to Aryabhatta Knowledge University, Patna required the teaching certificate experience to be countersigned by the Registrar of the University which was refused on the ground that there is no record available in the University of the existence of the college.
Aggrieved by the aforesaid refusal of the Registrar of the University in countersigning the experience certificate forwarded by the management of the college, the appellant had approached this Court vide C.W.J.C. No. 8884 of 2020, which Patna High Court L.P.A No.659 of 2021(3) dt.28-06-2022 2/3 has been disposed of by order dated 28.10.2021 accepting the statement of the University that no record of the college in question is available with the University, justifying the refusal of the Registrar of the University to countersign the experience certificate.
Mr. Kumar Kaushik, learned Advocate for the appellant has drawn the attention of this Court to the advertisement issued by the college for selection of candidates on the post of Assistant Professor and the faculty list as well as the appointment letter of the appellant as Assistant Professor in the stream of Mathematics in the college.
Mr. Kaushik has also drawn the attention of this Court to a communication made by the University to the appellant, making him a co-examiner of the University in the subject Mathematics in the year 2016.
On the basis of the afore-noted documents, Mr. Kaushik has contended that the learned single Judge was not justified in accepting the contention of the Aryabhatta Knowledge University that there is no record of the existence of the college in the University.
Mr. Priyank Deepak, learned Advocate for the Aryabhatta Knowledge University is directed to file an affidavit Patna High Court L.P.A No.659 of 2021(3) dt.28-06-2022 3/3 sworn by the Registrar as to how in the absence of records of the college in question, the appellant who claims to be an Assistant Professor in such college, had been nominated as a co-examiner in subject Mathematics.
Let such an affidavit be filed by the next date. Re-notify on 4th of July, 2022.
(Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/-
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