IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.765 of 2011 In Civil Writ Jurisdiction Case No. 12881 of 2007 ====================================================== 1. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 2. The Registrar, Tilka Manjhi Bhagalapur University, Bhagalpur 3. The Finance Officer, Tilka Manjhi Bhagalapur University, Bhagalpur .... Respondents… Appellant/s Versus 1. Prawin Kumar, son of Late Shri Vidya Prasad, Lecturer, Department of Zoology, Madan Ahalya Mahila College, Naugachia, Bhagalpur. R/o- 100, Tulsi Nagar, Bank Colony, Central Jail Road, P.S. Tilkamanjhi, District Bhagalpur .... Writ Petitioner.. Respondent 1st set 2. The State of Bihar 3. The Commissioner- cum- Secretary, Human Resources Development Department (Higher Education), Vikash Bhawan, Patna … Respondents/ Respondent II set 4. The Principal, Madan Ahalya Mahila College, Naugachia, Bhagalpur …. Respondent/ Respondent III set ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Keshari, Advocate For the Respondent/s : Mr S.K.Jha, AC to GA 10 ====================================================== 3 11-08-2011 Heard learned counsel for the appellant and learned counsel for the State. For the reasons mentioned in the limitation petition (IA No.3429 of 2011), the delay of about 561 days in preferring this appeal is condoned. The IA stands allowed. The Writ Court has merely directed to file a fresh representation giving all details of his claims. It is the University which has been given the duty to examine the claim and pass final orders in respect of each and every claim. There is a direction in Patna High Court LPA No.765 of 2011 (3) dt.11-08-2011 2 paragraph 4 to the State Government that if the arrears of the petitioner found due are not paid due to financial difficulties, the State Government shall release the required fund within the specified period. In our view, the University cannot raise any genuine grievance against the order of the Writ Court when the matter has been left open for the decision by the University itself. The dispute between the State and the University must be resolved by them. The appeal is dismissed with the aforesaid observation. sk (Shiva Kirti Singh, J) (Amaresh Kumar Lal, J)