IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.645 of 2006 1. Prof.(Dr.)Yashpal Singh, son of late Dhiraj Nandan Siingh, Department of Philosophy, J.J. College, Arra, resident of Mohalla Katria, P.S. Ara, Dist. Ara. 2. Prof (Dr.) Shiv Kumar Singh, son of Late Bachcha Singh, Department of Geography, V.K.S. University, Ara, Resident of Mohalla Katisa, P.S. Ara, Dist. Ara. 3. Prof (Dr.) Krishna Mohan Singh, son of late Rameshwar Singh Kashyap, Department of Political Science, S.P. Jain College, Sasaram, Resident of Professor Colony, P.S. Sasaram, Distt. Sasaram. 4. Prof (Dr.) Sachida Nand Sahai, son of late Jagdip Sahai, Department of Economics, J.J. College, Ara, Resident of Mohalla Manlabag, P.S. Ara, Dist. Ara. 5. Prof (Dr.) Krishna Kumar Singh, son of late Banshropan Singh University, Department of Philosophy, V.K.S. University, Ara, Resident of Professor Colony, P.S. Sasaram, Distt. Sasaram. 6. Prof (Dr.) Narendra Kumar Singh, son of late Ram Lakhan Singh University, Department of Physics, V.K.S. Univrsity, Ara, Resident of Mohalla Hartia Kathal, P.S. Ara, Distt. Ara. 7. Prof (Dr.) Prabha Shankar Tiwari, son of Dr. Jiut Tiwari, Department of Psychology, Shri Shankar College, Sasaram, Resident of Muhalla Yaurachari, P.S. Sasaram, Distt. Sasaram. 8. Prof (Dr.) Ayodhya Prasad Upadhyay, son of late Rajkishore Upadhyay, Department of Hindi, Maharaja College, Ara, resident of Muhalla Club Road, P.S. Ara, Dist. Ara. 9. Prof (Dr.) Krishna Mohan Singh, son of Sri Sibeshwar Pd. Singh University, Department of Physics, V.K.S. University, ARa, Resident of Professor Colony, P.S. Ara, Distt. Ara. 10. Prof (Dr.) Awadhesh Kumar Singh, son of Sri Sudarshan Singh, Department of Zoology, Shri Shankar College, Sasaram, Resident of Muhalla Yaurachari, P.S. Sasaram, Distt. Sasaram. 11. Prof (Dr.) Rajendra Pd. Singh, son of Sri Narbadeshwar Singh, University Department of Physics, V.K.S. University, Ara, resident of Muhhala Katria, P.S. Ara, Distt. Ara. 12. Prof (Dr.) Ram Kumar Singh, son of late Balkeshwar Singh, Department of Botany, S.P.Jain College, Sasaram, Resident of Professor Colony, P.S. Sasaram, Distt. Sasaram. 13. Prof (Dr.) Anand Prasad, son of late Ram Briksha Sah, Department of Botany, H.D.Jain College, Ara, Resident of Professor Colony, P.S. Ara, Distt. Ara. 14. Prof (Dr.) Imtiaz Ahmad, son of late Shakil Mohammad Department of Psychology, V.K.S. University, Ara, Resident of Mohalla Pabari, P.S. Ara, Distt. Ara. 15. Prof (Dr.) K.B. Sinha, son of late M.B. Sinha, Department of Chemistry, Maharaja College, Ara, resident of Ramna Road, P.S. Ara, Dist. Ara. 16. Prof (Dr.) Mundrika Pd. Singh, son of Sri Radha Pd. Singh, Department of History, Shri Shankar College, Sasaram, resident of Professor Colony, P.S. Sasaram, Distt. Sasaram. 2 17. Prof (Dr.) Ashok Kumar Singh, son of late Ramta Pd. Singh Department of Psychology, J.L.N. College, Dehari-on-Sone, Resident of Town Dehri on Sone, P.S. Dehri Sone, Distt. Sasaram. 18. Prof (Dr.) Madan Prasad Singh, son of Late Ram Raj Choudhary, Department of Chemistry, H.D. Jain College, Ara, Resident of Club Road, P.S. Ara, Distt. Ara. 19. Prof (Dr.) Sheo Kumari Singh, wife of Prof. C.D. Roy, Department of Economics, M.M. Mahila College, Ara, Resident of Mohalla Katria, P.S. Ara, Distt. Ara. 20. Prof (Dr.)Mukti Nath Singh, son of late Raj Bahadur Singh, Department of Economics, H.D. Jain College, Ara, resident of Professor Colony Town, P.S. Ara, Distt. Ara. 21. Prof (Dr.) Dineshwar Kumar Singh, son of late Fauzdar Singh, department of Economics, J.J. College, Ara, resident of Mohalla Katira, P.S. Ara, Distt. Ara. 22. Prof (Dr.) Dhyamendra Kumar, son of late Dr. Devendra Kumar, P.G. Department of Zoology, V.K.S. University, Ara, resident of Jail Road, P.S. Ara, Distt. Ara. ----------- Petitioners Versus 1. The State of Bihar through the Secretary, Higher Education, Govt. of Bihar, Patna. 2. The Chancellor, University of Bihar, Patna. 3. The Veer Kuer Singh University, Arrah, through the Registrar. 4. The Vice Chancellor, Veer Kuer Singh University, Arrah. 5. The Dean, Students’ Welfare-cum-Coordinator, Screening Committee, Veer Kuer Singh University, Arrah. 6. The Bihar State University (Constituent Colleges) Services Commission, Patna. ----------- Respondents ----------- 6 20.6.2011 Heard Mr. Basant Kumar Chaudhary, learned counsel for the petitioner and Mr. Vinay Kirti Singh, learned counsel for the Veer Kuer Singh University (hereinafter to be referred to as ‘the University’). Mr. Chaudhary would submit that during pendency of this writ application, the writ application in fact has become infructuous as with regard to the petitioner 3 nos. 1 to 14, 16, 17, 19, 20, 21 & 22 respectively, inasmuch as, they have been promoted to the post of Professor pursuant to the decision taken in the meeting held on 27.4.2011. He would, accordingly, submit that he does not intend to press the writ application in support of the aforementioned writ petitioners. Mr. Chaudhary, however, would submit that the case of the petitioner nos. 15 & 18, namely, Prof (Dr.) K.B. Sinha and Prof (Dr.) Madan Prasad Singh respectively either has not been considered by the University Selection Committee on 27.4.2011 or has not been given the same treatment as was given to other aforementioned petitioners. Noting the aforementioned submissions, this Court by an order dated 5.5.2011 had directed the counsel for the University to disclose reasons as to why the promotion was not given to the petitioner nos. 15 & 18 respectively. Today when the case has been taken up, Mr. V.K. Singh, learned counsel for the University would submit that there is a stage 4 of stalemate prevailing in the University, inasmuch as, there is no Vice-chancellor for the present and, as such, the University whose employees also have not been paid salary since May, 2011, is in a complete stage of inaction. Considering this aspect that most of the petitioners have already been given relief by the University itself by notifying their promotion in terms of the decision taken by the University Selection Committee on 27.4.2011, this Court would direct the University and its officials to also consider the case of the petitioner nos. 15 & 18 for their promotion in the same manner in which the other petitioners have been given their promotion. It, however, goes without saying that if such a consideration has already been made in which the petitioner nos. 15 & 18 have not been found fit for being granted promotion, the competent authority of the University will only communicate its reasons for denying such promotion to the petitioner nos. 15 & 18 respectively. 5 This exercise, however, must be completed within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)