Patna High Court
Pankaj Kumar Mishra vs The State Of Bihar on 21 January, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.472 of 2025
======================================================
1. Pankaj Kumar Mishra Son of Bibhuti Mishra, resident of Saraswati Shishu
Bidya Mandir, Kumhar Toli Paar Nala, Near Middle School, Hazaribagh,
Police Station Hazaribagh, District Hazaribagh, Jharkhand.
2. Saroj Kumar Roy, Son of Ramnandan Roy, resident of S.K. Tarafdar Road,
Near Bharat Gas, Jagdishpur, Police Station - Akbar Nagar, District -
Bhagalpur.
3. Shirish Chandra Jha, Son of Late Pratap Narayan Jha, resident of Khas
Bazar, Girl Middle School, Shiv Mandir Gali, Kharagpur, Munger, Police
Station Haveli Kharagpur, District - Munger.
4. Subodh Kumar Bhagat, Son of Haribansh Bhagat, resident of village
Mohanganj, Police Station Tarapur, District - Munger.
5. Manish Kumar Mishra, Son of Pramod Hazari, resident of House No. 1,
Hazari Tola Lane, Near Dumari Buzurg, Parwatta, Police Station Parwatta,
District Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Vikas Bhawan, Patna.
2. The Additional Secretary, Higher Education Department, Vikas Bhawan,
Patna.
3. The Munger University through the Registrar, Munger University, Munger.
4. The Registrar, Munger University, Munger.
5. The Bihar State University Service Commission, Patna through the
Secretary, having its Office in 8th Floor, Bihar School Examination Board,
Academy Bhawan, Budh Marg, Police Station Kotwali, District Patna.
6. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board, Academy Bhawan, Budh Marg, Police Station -
Kotwali, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupak Kumar, Advocate
Mr.Vikrant Kumar, Advocate
For BSUSC : Mr.Pawan Kumar, Advocate,
Mr.Utsav, Advocate
Mr.Raghav Vatsa, Advocate
For the University : Mr.Ritesh Kumar, Advocate
For the State : Mr.Vivekant Singh, Advocate AC to GP 18
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 21-01-2025
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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Heard Mr. Rupak Kumar along with Mr. Vikrant
Kumar, learned counsels appearing on behalf of the petitioners;
Mr. Pawan Kumar along with Mr. Utsav and Mr. Raghav Vatsa,
learned counsels for the Bihar State University Service
Commission; Mr. Ritesh Kumar, learned counsel for the
University and Mr. Vivekanand Singh, learned AC to GP 18 for
the State.
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 writ application is filed for issuance of
writ in the nature of mandamus directing the
respondents to allow the petitioners to participate
in ongoing recruitment process for appointment
to the post of Assistant Professor in different
subject imitated by the Bihar State University
Service Commission I the year 2020 in the wake
of judgment of the Hon'ble Apex Court dated
18.05.2007
passed in Civil Appeal No.1601-1602
of 2005 and the report dated 26.08.2020 of three
men adhoc lecturer enquiry committee.”
3. Learned counsel appearing on behalf of the
petitioners informs that there are about 316 vacancies in History
and 280 vacancies in Political Science, as per the Advertisement
No.AP-HIST.08/20-21 and AP.POL-13/20-21. The petitioners
no.1, 3 and 5 have requisite qualification to be appointed as
Assistant Professor in History and the petitioners no.2 and 4
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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have requisite qualification to be appointed as the Assistant
Professor in Political Science.
4. Learned counsel further informs that in compliance
of the direction of the Apex Court contained in Paragraph
No.46 of order dated 18.05.2007 passed Civil Appeal Nos.
1601-1602 of 2004 (Veer Kunwar Singh University Ad hoc
Teachers Association & Ors. vs. The Bihar Stte University
(C.C.) Service Commission & Ors., the State Government has
constituted a Three Men Committee and from perusal of the
report of the Three Men Committee, it appears that the
petitioners have requisite qualification to be appointed as
Assistant Professor in History and Political Science accordingly.
5. The petitioners have brought on record the
recommendation dated 26.08.2020 of the Committee by way of
Annexure P/2, in which their names appear at sl.no.1, 2, 8, 24
and 25.
6. Learned counsel further informs that due to
inaction on the part of the Bihar State University Service
Commission, the petitioners have been restrained from
appearing in the ongoing selection process. He further informs
that the similarly situated other candidates, who were appointed
as adhoc Assistant Professor against the sanctioned post have
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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been held to be eligible for age relaxation and have taken part in
the selection process of the Assistant Professor in the Colleges
run by the Magadh University.
7. Learned counsel also informs that some of the
candidates preferred CWJC No.5197 of 2021 and the order was
passed on 25.11.2024 allowing the petitioners of the said writ
petition to take part in the ongoing selection process and the
petitioners of the present writ petition is also seeking similar
relief in the instant writ petition.
8. Per contra Mr. Pawan Kumar, learned counsel
appearing on behalf of the Bihar State University Service
Commission after getting instruction, has informed that the
number of vacancies as notified in the advertisement is correct,
however, referring to Clause VI of the said advertisement, he
informs that maximum age limit is 51 years as on 01.01.2020, as
such, the petitioners, who have already crossed the age of 51
years, do not deserve to be granted similar relief as has been
granted to the petitioners of CWJC No.5197 of 2021, as such,
the petitioners have not been able to make out their case as they
have crossed the age limit as prescribed in column no.VI of the
advertisement.
9. Mr. Ritesh Kumar, learned counsel has tendered
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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his appearance on behalf of Munger University, which has come
into existence after having been bifurcated from Tilka Manjhi
(Bhagalpur) University, and submitted that the direction of the
Apex Court is specific to the State Government. He has also
clarified that there is no dispute regarding the vacancies existing
in different colleges of the University, as notified in the
advertisement.
10. Learned counsel for the State has submitted that
the State Government has complied with the order/direction of
the Hon’ble Supreme Court by constituting a Three Men
Enquiry Committee and the said Committee has already
submitted its report.
11. Heard the parties.
12. I have perused the pleadings made in the writ
petition, as well as, I had sought information relating to the
number of vacancies advertised, pursuant to which the
petitioners have claimed that the advertisement has not been
brought on record and as such their claim cannot be compared
for granting similar relief as has been granted to the appellants
of Veer Kunwar Singh University Ad hoc Teachers
Association (supra) and direct the the respondents to allow
them to appear in the ongoing recruitment process.
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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13. It is well settled principle of law that the pleadings
must be substantiated with the evidence and the vital evidence
in the present writ petition is the advertisement, which has not
been brought on record on behalf of the petitioners. In this
regard, this Court relies on the judgment passed by the Apex
Court in case of Bharat Singh & Ors. – Vs. State of Haryana
and Ors. reported in 1988 (4) SCC 534.
14. Further, the petitioners have claimed that they
were found to have requisite qualification and were working
against the sanctioned post, as per the finding of the Three Men
Enquiry Committee, after giving them age relaxation on the
basis of the judgment of the Apex Court dated 18.05.2007
passed in Civil Appeal Nos. 1601-1602 of 2004. However, in
absence of any information relating to the age relaxation, I do
not find it proper to interfere at this stage to consider the
grievance of the petitioners for having not relevant information
in respect of each petitioners and the advertisement; pursuant to
which they are seeking relief in the present writ petition.
15. The writ petition is accordingly dismissed.
16. However, at the same time, it is expected from
the Bihar State University Service Commission to comply with
the directions contained in Paragraph No.46 of the Apex Court
Patna High Court CWJC No.472 of 2025 dt.21-01-2025
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judgment dated 18.05.2007 passed in Civil Appeal Nos. 1601-
1602 of 2004.
17. The petitioners may also take appropriate steps
for redressal of their grievance in accordance with law.
(Purnendu Singh, J)
chn/-
AFR/NAFR CAV DATE NA Uploading Date 26.01.2025 Transmission Date NA
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