Md. Asadullah Khan vs The Magadh University on 16 January, 2025

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Patna High Court - Orders

Md. Asadullah Khan vs The Magadh University on 16 January, 2025

Bench: Purnendu Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4666 of 2020
                 ======================================================
                 Md. Asadullah Khan, Son of Late Fahimulah Khan, Resident of Mohalla-
                 Laheri, P.S.- Laheri, District- Nalanda.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The Magadh University through its Registrar.
           2.    The Vice Chancellor, Magadh University, Bodh Gaya.
           3.    The Registrar Magadh University, Bodh Gaya.
           4.    The Patliputra University through its Registrar.
           5.    The Vice Chancellor, Patliputra University, Patna.
           6.    The Registrar, Patliputra University, Bodh Gaya.
           7.    The Principal Sogara College, Bihar Sarif, Nalanda.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ajay Kumar Sinha, Sr. Advocate.
                                                 Mr. Virendra Prasad, Advocate.
                 For the Magadh University:      Mr.Ritesh Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   16-01-2025

Heard Mr. Ajay Kumar Sinha, learned senior counsel along with Mr. Virendra Prasad, learned counsel appearing on behalf of the respondents.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

"That this is an application for issuance of a writ in the nature of mandamus directing/commanding the respondents i.e. Magadh University to consider the case of the petitioner for grant the promotion to the post of Reader (Associate Professor) by which, the application for promotion of the petitioner which is pending before the respondents Magadh University from 2014."

3. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner has already filed a Patna High Court CWJC No.4666 of 2020(3) dt.16-01-2025 2/2 representation before the Vice Chancellor, Magadh University on 20.05.2016 with regard to promotion from Lecturer to Reader (Associate Professor) and same is still pending and now, the entire file has been transferred to the Patliputra University. However, he submits that the petitioner will file a detailed representation before the Vice Chancellor, Patliputra University for redressal of his grievance as prayed for in the present writ petition in light of the applicable statute dealing with the promotion from Assistant Professor to Reader (Associate professor) adopted by the newly established Patliputra University.

4. Considering the aforesaid submission and also in view of the fact that that no one has tendered his appearance on behalf of the Patliputra University, I direct the Vice Chancellor, Patliputra University to consider the claim of the petitioner for being promoted on the post of Associate Professor w.e.f. 2014 and give all the consequential benefits due till the date of retirement of the petitioner i.e. on 31.05.2022 and thereafter fix the pension of the petitioner on the revised pay scale.

5. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/-

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Patna High Court - Orders