IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1366 of 2008 Ambika Prasad, son of Late Ram Khelawan Prasad, resident of Mohalla L.S.College Campus, Servant Quarter, P.S. University Campus, District- Muzaffarpur ………… Petitioner Versus 1.Bhim Rao Ambedkar Bihar University through Vice Chancellor, Muzaffarpur 2.The Vice Chancellor, B.R.Ambedkar University, Muzaffarpur 3.The Registrar, B.R.Ambedkar University, Muzaffarpur 4.The Principal, Langat Singh College, Muzaffarpur ……….. Respondents ----------- For the Petitioner : M/s Baidya Nath Thakur and Shankar Kumar Thakur,Adv. For the University : Mr.A.B.Sinha,Adv. ----------- 2. 07/09/2010 From Annexure-1 it appears that petitioner along with three others were made to superannuate from their due date i.e. 31.8.2004. Petitioner filed a representation disputing the date of birth mentioned in the records and claiming to be entitled to continue further. From Annexure-6, it appears that the Vice Chancellor constituted a Committee to verify from the records of the Department the date of birth of seven employees of the University Office and of L.S.College which include the petitioner also. The Committee was required to submit report and if necessary, was also given liberty to take 2 assistance of a Medical Board. Learned counsel for the petitioner submits, by referring to Annexure-9, that out of seven employees, cases of four employees were considered by the Principal of the College himself and orders were passed in their favour correcting their date of birth whereas case of the petitioner was left pending with the Committee. He has also referred to a note on the file to show that at some stage proposal was made to grant same benefit to the petitioner as was given to the other employees under consideration of the Committee. He has also referred to pay fixation statement, annexed as Annexure-8, wherein date of birth as claimed by the petitioner is mentioned. This writ application was filed on 16.1.2008. However, till today, no counter affidavit has been filed by the respondents. In the circumstances, this writ application is disposed of with a direction to the Vice Chancellor to consider the case of the petitioner and to ascertain whether the Committee constituted under his orders, vide Annexure-6, has examined the case of the 3 petitioner or not. It is contended that the Committee did not hold the exercise as entrusted to it by the said order and orders have been passed in respect of five employees vide Annexure-9 by the Principal of L.S.College himself. In the circumstances, Vice Chancellor shall also consider whether or not further enquiry is required to be made in respect of claim of the petitioner for correction of his date of birth and for further continuance of his service on that basis. Vice Chancellor shall pass orders on the representation of the petitioner preferably within two months and if necessary consequential orders shall also be passed within the same time. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)