Disposed

Dr. Jitendra Kumar and Anr. v. Kameshwar Singh Darbhanga Sanskrit University and Ors.

Patna HC25 Oct 2013CWJC/13772/2013

Case brief

AI extract

What is this about?

Oral order dismissing intervention applications filed by Sitacharan Jha, Bijay Kumar Sharma, Dr. Baidnath Mishra, and Arun Kumar. The Court held that these applications, seeking reliefs unconnected to the main writ petition regarding the appointment of a Dean, could not expand the scope of the present case. The main writ petition was disposed of as infructuous because the impugned order removing t

What the court decided

AI extract

Dr. Jitendra Kumar and Anr. Vs Kameshwar Singh… — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13772 of 2013

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Dr. Jitendra Kumar, aged about 42 years, son of late Bhawani Prasad Singh, resident of A/18, Professor Colony, Aghoria Bazar, P.S. & District Muzaffarpur

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Dr. Ashwini Kumar Sharma, aged about 43 years, son of Sri Ram Pavitar Sharma, resident of village Raghopur, P.S. Ahiyapur, District Muzaffarpur

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.... .... Petitioner/s

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Versus

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Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through its Registrar

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Dr. Upendra Jha, the Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

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The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

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The Chancellor of the Universities cum Governor of Bihar, Raj Bhawan, Patna

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The Principal Secretary, Governor cum Chancellor Secetariat, Raj Bhawan, Bihar, Patna

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Dr. Surehswar Jha, Snatkottar, Vyakran Department, Kameshwar Singh Darbhanga University, Kaneshwar Nagar, Darbhanga

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Dr. Purendra Warik, Snatkottar Dharmashastra Department, Kameshwar Singh Darbhanga University, Kameshwar Nagar, Darbhanga

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Arun Kumar

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For the Respondent/s : Mr. Satyam Shivam Sundaram

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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14 25-10-2013

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I.A.No. 7003/2013

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In this interlocutory application the intervener applicant, namely, Sitacharan Jha, has assailed an order of the University dated 9.9.2013 and another order dated 13.9.2013. Counsel for the intervener applicant has submitted that such an order passed by the Acting Vice Chancellor is contrary to the orders passed by this Court and in fact the In-charge Vice Chancellor ought to have not

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Patna High Court CWJC No.13772 of 2013 (14) dt.25-10-2013

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taken any decision as with regard to shifting the date of promotion of eleven persons covered by these two notifications.

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In the considered opinion of this Court the subject matter of the present writ application being confined to removal from the post of Dean of Students’ Welfare and Proctor the intervener cannot be allowed to expand the scope of this writ application.

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That being so, the prayer of the intervener to intervene in this writ application for seeking independent and separate relief being totally unconnected with the subject matter of this writ application must be and is hereby rejected.

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Nothing said in this order, however, will come in the way of the intervener applicant to pursue his independent remedy as may be permissible to him in law.

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I.A.No. 5534/2013

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In this case the intervener Bijay Kumar Sharma has raised the dispute regarding declaration of donor in Darshan Sanskrit Upshastri Mahavidyalaya, Mahant Maniari, Muzaffarpur, affiliated to Kameshwar Singh Darbhanga Sanskrit University.

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Having regard to the scope of this writ application confined to only appointment on the post of Dean, Students’ Welfare and Proctor, this Court does not now think it appropriate to allow the intervener to expand the scope of this writ petition

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Patna High Court CWJC No.13772 of 2013 (14) dt.25-10-2013

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and therefore, it would be open for the intervener to raise his dispute separately before the appropriate authority/ Forum/court as may be permissible in law.

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I.A.No. 5534/2013 is accordingly disposed of.

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I.A.No. 7484/2013

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This intervention application has been filed by one Dr. Baidnath Mishra, wherein he has sought to raise issue relating to appointment of Principal in Jaglal Singh College, Chapra in Jai Prakash University.

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As noted above, this writ application having been confined only to the scope of appointment on the post of Dean of Students’ Welfare and Proctor in Kameshwar Singh Darbhanga Sanskrit University, this Court is not inclined to allow the intervention of the intervener Dr. Baidnath Mishra and if so advised, he may pursue his independent remedy as is permissible to him in law.

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I.A.No. 7484/2013 is accordingly disposed of.

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I.A.No. 7535/2013

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In this intervention application one Arun Kumar has sought to assail an order dated 26.5.2012 whereby and whereunder the effective date of promotion of a Lecturer, namely, Dr. Shripati Tripathi on the post of Reader and Professor has been stayed.

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Patna High Court CWJC No.13772 of 2013 (14) dt.25-10-2013

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The scope of this writ application being not at all concerned with the individual grievance of the petitioner as against Dr. Shripati Tripathi such intervention also cannot be allowed and if the intervener Arun Kumar has any cause of action as with regard to the aforementioned order dated 26.5.2012 he may pursue his independent remedy and he too cannot by seeking intervention pray for a relief beyond the subject matter of this writ petition which, as noted above, is confined only to the appointment on the post of Dean of Students’ Welfare and Proctor.

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Rejection of intervention application of the intervener Arun Kumar, however, will not mean that this Court has approved the order dated 26.5.2012 as with regard to Dr. Shripati Tripathi and therefore, it will be always open for the aggrieved person to assail the order dated 26.5.2012 in a separate proceeding before the appropriate authority/ court in accordance with law.

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I.A.No. 7535/2013 is also disposed of.

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C.W.J.C.No. 13772/2013

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Counsel for the parties agree that the impugned order passed in this case removing both the petitioners from the post of Dean of Students’ Welfare and Proctor by notification dated 11.7.2013, as contained in Annexure 1, has been withdrawn by the University on 26.7.2013 and both the petitioners have been

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Patna High Court CWJC No.13772 of 2013 (14) dt.25-10-2013

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restored on their post.

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In that view of the matter, this writ application has

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become infructuous and is accordingly disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

Dr. Jitendra Kumar and Anr. v. Kameshwar Singh Darbhanga Sanskrit University and Ors.

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Dr. Jitendra Kumar and Anr. v. Kameshwar Singh Darbhanga Sanskrit University and Ors.

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