IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16803 of 2011 Md. Abul Fazal Azad Alam Ansari son of Late Md. Shamshul Alam Resident of Village and P.O.- Salmari, P.S.- Azam Nagar, District- Katihar, presently working as Head of the Department , Department Of Urdu, R.D.S. College, Salmari, P.O. Salmari Ps. Azam Nagar, District- Katihar--------------------------------------------------------------------petitioner Versus 1. Bhupendra Narain Mandal University, Madhepura through the Vice- Chancellor 2. The Vice- Chancellor, Bhupendra Narain Mandal University, Madhepura 3. The Registrar, Bhupendra Narain Mandal University, Madhepura 4. Sri Janardan Prasad Yadav son of not known to the petitioner presently working as Reader, Department of History, R.D.S. College, Salmari, P.O. Salmari, P.S.- Azam Nagar, District- Katihar--------------------respondents ----------- For the petitioner :Mr.S.B.K.Manglam, Advocate ---- 2. 18.10.2011 The grievance of the petitioner is that the respondent No.4 has wrongly been authorized to function as the Professor-in-charge of the college by notification dated 9.9.2011 issued by the Registrar of the B.N.Mandal University as the petitioner was not only appointed by an earlier order dated 10.9.1978 as compared to order of appointment dated 18.9.1978 in case of the respondent No.4 and both of them joined on the same date, i.e., 19.9.1978, but it is evident from the letter dated 28.11.1980 of the Bihar College Service Commission that there was break in service of the respondent No.4, whereas there has been no break in service in the case of the petitioner as per 2 certificate dated 4.8.2011 issued by the Principal of the college. However, learned counsel for the petitioner submits that the authorities of the University may be directed to look into the claim of the petitioner in this regard and decide the same expeditiously. In view of the aforesaid submission of learned counsel, the writ application is disposed of with a direction that the petitioner shall file a representation before the Vice-Chancellor of the University within two weeks from today, who shall consider and dispose of the same by a speaking order after giving opportunity to the respondent No.4 to present his case within a period of four weeks from the filing of the said representation and the impugned order may be modified, if so required, in terms of the said decision. (Ramesh Kumar Datta,J.) Spal/