IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1261 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 10032 of 2009 WITH INTERLOCUTORY APPLICATION No. 7114 of 2010 WITH INTERLOCUTORY APPLICATION No. 7115 of 2010 IN LETTERS PATENT APPEAL No.1261 of 2010 ==================================================== 1. The State of Bihar through the Principal Secretary, Human Resources Development, Government of Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. Director, Higher Education, Government of Bihar, Patna. 4. The Principal Secretary, Department of Finance, Government of Bihar, Patna. …. …. Appellant-Respondent Versus 1. Dr. Dharam Sheela Prasad, D/o Dr. Jagarnath Prasad Sinha, Resident of House-Abhilasha Mohalla Bazar Samiti Road, P.S.-Rajendra Nagar, District- Patna at Present University Professor, Department of Sociology, Magadh Mahila College, Patna University. 2. Pramod Kumar Poddar, Son of Late Ram Narayan Poddar, Resident of Indira Nagar, P.O. Lohia Nagar, P.S.-Kankarbagh, District-Patna at Present University Professor, Department of History, B.N. College, Patna University. 3. Vinay Kumar Kanth, Son of Late Ram Sharan Prasad Kanth, Resident of Mohalla-Shakti Nagar, P.S.-Anisabad, District-Patna at Present Reader, Department of Mathematics, Bihar National College, Patna. …. …. Respondent-Petitioner 4. The Chancellor of Universities of Bihar, Raj Bhawan, Patna. 5. Patna University through Registrar, Patna University, Patna 800 005. 6. The Vice Chancellor, Patna University, Patna. 7. The Registrar, Patna University, Patna. …. …. Respondent-Respondents ==================================================== Appearance : For the Appellants : Mr. Lalit Kishore, AAG-III For the Respondents 1 to 3: Mr. Sujeet Kumar Sinha, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) - 2 - 2. 11.8.2010. Re. Interlocutory Application No. 7114 of 2010: This application under Section 5 of the Limitation Act is made by the Appellants for condonation of delay of 273 days occurred in filing the above Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Letters Patent Appeal No.1261 of 2010: This Appeal under Clause 10 of the Letters Patent is preferred by the State of Bihar against the order dated 7th September 2009 made by the learned single Judge pending C.W.J.C. No. 10032 of 2009. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the Appellants. He has submitted that though the petition was filed by three individuals the learned single Judge has granted omnibus relief in favour of all similarly situated persons and the hands of the University are tied down. He has submitted that the impugned action was required to be taken by the University pursuant to various orders made by this Court as well as the Hon’ble Supreme Court. Be that as it may, the order impugned is an interim order made pending the petition. Under the impugned order the University is restrained from taking coercive action but not from holding the enquiry. We do not see any restraint against the University holding enquiry in respect of the matter at issue. - 3 - Nevertheless, if there is any confusion the University or the appellants may approach the learned single Judge for clarification or for vacating the stay or for early hearing of the writ petition, as may be advised. The Appeal against the interim order need not be entertained. The Appeal and the Applications are accordingly disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)