Disposed¶33

Amrendra Kumar Singh and Anr. v. The T. M. Bhagalpur University and Ors.

Patna HC11 Nov 2025CWJC/16920/2015

Case brief

AI extract

What is this about?

T.M. Bhagalpur University; promotion benefits; Head Clerk; Accountant; Sectional Officer examination 7-9-2015; restraint letters B/12987 and B/12988 dated 3/9/2015; representation to Vice-Chancellor; time-bound disposal; reasoned and speaking order; opportunity of hearing; writ disposed with liberty; CWJC No.16920 of 2015; Patna High Court; Alok Kumar Sinha, J.; decision date 11-11-2025; no statute or precedent cited; no quantum awarded.

What did the court decide?

Liberty to the petitioners to file a representation before the Vice-Chancellor of the University within one month; if so filed, the Vice-Chancellor to decide it on merit within six months of receipt, after giving the petitioners an opportunity of hearing, by a reasoned and speaking order; pending interlocutory applications deemed disposed of. ¶33

Amrendra Kumar Singh and Anr. Vs The T. M. Bhagalpur University and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' action in not granting the petitioners due benefits of promotion on the posts of Head Clerk and Accountant w.e.f. 31/07/13 and 01/07/2009 respectively was illegal, arbitrary and unsustainable (relief 1(i)); at hearing conceded infructuous. +1 more

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Ratio / Principle

The writ application is disposed of granting liberty to the petitioners to approach the Vice-Chancellor of the University by filing a representation within one month.

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Key takeaways

If the representation is filed within the stipulated time, the Vice-Chancellor of the University shall decide the same on merit within a period of six months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order.ratio¶32
With the aforesaid observation/direction the writ application stands disposed of, and all pending interlocutory application(s), if any, are deemed to have been disposed of.ratio¶33

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Sinha, J.), Civil Writ Jurisdiction Case No.16920 of 2015, decided 11-11-2025. Two employees under T.M. Bhagalpur University sought declaration that denial of promotion benefits as Head Clerk and Accountant w.e.f. 31/07/13 and 01/07/2009 was illegal, certiorari quashing letters no. B/12987 and B/12988 both dated 3/9/2015 issued by the Registrar (respondent no. 4) restraining them from participating in the examination for the post of Sectional Officer/Head Clerk/Accountant held on 7-9-2015, and setting aside that examination. At hearing, counsel for the petitioners gave up reliefs 1(i), 1(iii), 1(iv) and 1(v) as infructuous and pressed only relief 1(ii): leave to make a representation to the Vice-Chancellor with a time-bound direction for its disposal. The University's counsel did not oppose. Disposing of the writ, the Court granted liberty to file the representation before the Vice-Chancellor within one month; if filed within that time, the Vice-Chancellor was directed to decide it on merit within six months of receipt, after giving the petitioners an opportunity of hearing, by passing a reasoned and speaking order. Pending interlocutory applications were deemed disposed of. No question of law was adjudicated; no statute or precedent was cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16920 of 2015

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

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Amrendra Kumar Singh S/o Mani Prasad Singh Resident of Village - Pakariya, PS - Shambhuganj, District - Bhagalpur.

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Prabhakar Prasad Singh S/o Janardan Prasad Singh Resident of Village - Jethour Manjhgaon, PS - Amarpur, District - Bhagalpur.

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... ... Petitioner/s

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Versus

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The T. M. Bhagalpur University, Bhagalpur through its Registrar.

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The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

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The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.

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The Registrar, T.M. Bhagalpur University, Bhagalpur.

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The Principal, P.B.S. College, Banka.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv For the Respondent/s : Mr. Rajendra Kumar Giri, Adv ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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18 11-11-2025

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Heard learned counsel for the petitioners and learned

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counsel for the University.

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In the present writ application, the petitioners have prayed for the grant of following reliefs:

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(i) To hold and declare that the action of the Respondents concerned in not granting due benefits of promotion to the petitioners on the post of Head Clerk and Accountant respectively in college in hand w.e.f. 31/07/13 and 01/07/2009 respectively is highly illegal, arbitrary, mala-fide, malicious and unsustainable in the eye of law and on facts both and is fit to be the

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Patna High Court CWJC No.16920 of 2015(18) dt.11-11-2025 2/4

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deprecated by this Hon'ble Court in strong words.

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(ii) A writ in the nature of Mandamus may kindly be issued by this Hon'ble Court, commanding the Respondents concerned specially the Respondent Nos. 2 & 4 to pass necessary order(s), granting all due benefits to the petitioners on the post of on the post of Head Clerk and Accountant respectively in college in hand w.e.f. 31/07/13 and 01/07/2009 respectively.

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(iii) Issuance of an order direction or a writ in the nature of certiorari quashing the letter no. B/12987 dated 3/9/2015 (Annexure 12) and letter no B/12988 dated 3/9/2015 (Annexure-14) issued by the respondent no 4 whereby and where under both the petitioners have been restrain from pertaining part in the examination for the post of Sectional Officer/Head Clerk/Accountant, conducted by the respondent University on 7.9.2015.

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(iv) Issuance of an order direction or a writ in the nature of certiorari setting aside said examination conducted by the respondent University on 7-9-2015 since in the said examination the respondent university administration has restrained the from taking part in the said examination.

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Patna High Court CWJC No.16920 of 2015(18) dt.11-11-2025 3/4

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(v) For grant of any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case.

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While advancing argument, learned counsel for the petitioners submits that the reliefs claimed in paragraph 1(i), 1(iii), 1(iv) and 1(v) have become infructuous and so far as the relief claimed in paragraph 1(ii) is concerned, learned counsel for the petitioners submits that for the said relief, he is prepared to file a representation before the Vice-Chancellor of the University. He further prays that if such a representation is allowed to be filed then the Vice-Chancellor of the University may be directed to dispose of the same on merit after giving an opportunity of hearing to the petitioners, within a fixed time frame by passing a reasoned and speaking order.

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The aforesaid prayer being made by learned counsel for the petitioners is not opposed by the learned counsel appearing for the University.

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Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to approach the Vice-Chancellor of the University by filing a representation within one month from today. It is made clear that if such a

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Patna High Court CWJC No.16920 of 2015(18) dt.11-11-2025 4/4

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representation is filed within the stipulated time, the ViceChancellor of the University shall decide the same on merit within a period of six months from the date of receipt of the representation after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order.

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With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

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(Alok Kumar Sinha, J)

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kiran/-

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Amrendra Kumar Singh and Anr. v. The T. M. Bhagalpur University and Ors.

Case brief

What is this about?

What did the court decide?

Amrendra Kumar Singh and Anr. v. The T. M. Bhagalpur University and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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