Dismissed

Magadh University, Bodh Gaya v. Dr. Manoj Kumar Jha

Patna HC24 Apr 2023L.P.A/418/2019

Case brief

AI extract

What is this about?

Appeal by Magadh University against a writ order binding the petitioner's case to an analogous judgment. The Division Bench declined to entertain it, since the underlying judgment had already survived dismissal of a related LPA, and permitted withdrawal.

What did the court decide?

Petition dismissed as withdrawn with liberty to file a fresh LPA if a review petition succeeds.

Magadh University, Bodh Gaya Vs Dr. Manoj Kumar Jha — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.418 of 2019 In

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Civil Writ Jurisdiction Case No.10276 of 2018

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======================================================

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Magadh University, Bodh Gaya District- Gaya, through its Registrar.

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The Vice Chancellor Magadh University, Bodh Gaya, District- Gaya.

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The Registrar Magadh University, Bodh Gaya, District- Gaya.

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... ... Appellant/s

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Versus

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Dr. Manoj Kumar Jha Son of Dr. Banshidhar Jha R/o N/8 Professors Colony, Kankarbag, P.S. Patrakar Nagar, District Patna posted as Department of Public Administration SBAAN College, Darhrtta lari a constituent unit of Magadh University, Bodh Gaya.

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The State of Bihar through its Chief Secretary, Old Secretariat, Patna.

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The Principal Secretary Department of Human Development Resources Government of Bihar, Patna

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The Principal SBAN College, Darhetta Lari Arwal, Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the University : Mr. Harsh Singh, Adv. For the Resp. No.1 : Mr. Purushottam Kr. Jha, Adv. Mr. Narendra Kr. Sinha, Adv. For the State : Mr. Shashi Shekhar Tiwawry, AC to AAG13

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and

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HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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10 24-04-2023

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The present appeal by the Magadh University,

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Bodh Gaya, is directed against the order dated 19.09.2018 passed in CWJC No. 10276 of 2018 wherein it has been held

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that the decision in the case of the petitioner/Dr. Manoj Kumar Jha would abide by judgment dated 17.07.2018 passed in CWJC No. 17670 of 2017 and other analogous

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Patna High Court L.P.A No.418 of 2019(10) dt.24-04-2023 2/2

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cases of Akhilanand Singh and others.

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Against the aforenoted single Bench judgment in CWJC No. 17670 of 2017, the Magadh University had preferred an appeal vide LPA No. 794 of 2019 which stands dismissed on 26.09.2022.

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Thus, the Magadh University would be well advised to either challenge that judgment before the superior Court or file a review before the Division Bench in case it is so deemed necessary.

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We, therefore, do not get persuaded to entertain this appeal but give liberty to the appellant/University to file a fresh LPA in case the University succeeds in the review petition, if filed.

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The petition is dismissed as withdrawn with the liberty aforesaid.

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(Ashutosh Kumar, J)

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( Harish Kumar, J)

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rishi/-

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Magadh University, Bodh Gaya v. Dr. Manoj Kumar Jha

Case brief

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Magadh University, Bodh Gaya v. Dr. Manoj Kumar Jha

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