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2026 DAILYLAW 18627 (JHR)

INDRA VIJAY SINGH v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, HIGHER AND TECHNICAL EDUCATION DEPT.

WPC/308/2025 · 2026-06-23

Deepak Roshan

body2026

Judgment text

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2026:JHHC:18375 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 308 of 2025 Indra Vijay Singh, aged about 59 years, son of Chandra Bali Singh, resident of Patel Nagar, Bhurkunda, P.O. Bhurkunda, P.S. Patratu (Bhurkunda O.P.), District Ramgarh, Jharkhand ... … Petitioner(s) Versus 1. The State of Jharkhand through the Secretary, Higher and Technical Education Department, having its office at Project Building, P.O. and P.S. Dhurwa, District Ranchi. 2. The Vinoba Bhave University through its Vice-Chancellor, having its office At + P.O. Hazaribagh, P.S. Sadar Hazaribagh, District Hazaribagh. 3. The Registrar, Vinoba Bhave University, having its office At + P.O. Hazaribagh, P.S. Sadar Hazaribagh, District Hazaribagh. 4. J.M. College, a permanent affiliated unit of Vinoba Bhave University, Hazaribagh, P.O. and P.S. Bhurkunda, District Ramgarh, through its Principal, having its office at Bhurkunda, P.O. and P.S. Bhurkunda, District Ramgarh. 5. The Governing Body of J.M. College, Bhurkunda, being represented through its Ex-Officio Mamber cum Principal/Professor In-charge, J.M. College, Bhurkunda, P.O. and P.S. Bhurkunda, District Ramgarh. ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Atanu Banerjee, Advocate Mr. Suman Ghosh, Advocate For the Respondent(s) : Mr. Mithilesh Singh, Advocate Mr. D. K. Dubey, Advocate -------- Order No. 8 /Dated: 23rd June 2026 The instant writ application has been filed by the petitioner for the following reliefs: “1.That through the instant writ petition, the petitioner, above named, prays before this Hon'ble Court for issuance of an appropriate writ(s) for quashing the letter issued by the respondent J.M. College under the signature of its Principal, vide Reference No. JMC/08/25, being dated 04.01.2025 (Annexure-10), whereby the petitioner has been informed that his service tenure would be complete on 31.01.2025. And For issuance of an appropriate writ(s), order(s), direction(s), particularly a writ in the nature of mandamus, commanding upon the 2026:JHHC:18375 2 concerned respondent to allow the petitioner to continue in service till he attains the age of superannuation of 65 years in terms of the provisions of Section 67(a) of the Jharkhand State University Act, 2000 to be read with Section 2 (v) of the said Jharkhand University Act, 2000, as it was in the statute (said Act, 2000) prior to its 2012 and 2019 amendment respectively And/Or For issuance of an appropriate writ(s), order (s), direction (s) commanding upon the respondent nos. 4 and 5 to allow the petitioner to continue in service of the respondent no. 4. on the post of Re- designated Demonstrator till the petitioner attains the age of superannuation of 65 years and to not superannuate / retire the petitioner on attaining the age of 60 years. And/Or For issuance of an appropriate writ(s), order(s), direction (s) as may be deemed fit and proper for doing conscionable justice to the petitioner.” 2. Learned counsel for the petitioner submits that the issue involved in this writ application is squarely covered by the order of this Court passed in W.P.(S) No. 5637 of 2024 wherein it has been held that the Demonstrator should be allowed to continue to work till the age of 65 years. 3. Learned counsels for the University and the College raise a preliminary objection with regard to maintainability of this writ application on the ground of lack of jurisdiction and availability of different Forum. 4. Learned counsel for the respondents submits that after establishment of Jharkhand Education Tribunal the petitioner should approach the said Forum for redressal of his grievance. They also refer an order of the Co-ordinate Bench rendered in W.P.(S) No. 3217 of 2022 with W.P.(S) No. 7245 of 2023 wherein the Co-ordinate Bench has relegated the claimants/petitioners to the Forum since the dispute has to be adjudicated by the Jharkhand Education Tribunal after its establishment. 5. Having regard to the aforesaid facts and circumstances and looking to the overall facts that the issue has been decided but since a preliminary objection has been raised, this Court feels it appropriate to relegate the petitioner to the Jharkhand Education Tribunal. 2026:JHHC:18375 3 6. Accordingly, the writ application stands disposed of and the petitioner is directed to approach the Jharkhand Education Tribunal raising all those points and the judgments relied upon by him as early as possible. 7. It goes without saying that moment the petitioner approaches the Jharkhand Education Tribunal, it is requested to dispose of the matter as early as possible preferably within a period of 12 weeks. Further, since the matter is pending before this Court, the issue of limitation shall be considered accordingly. 8. The instant writ application stands disposed of. 9. Pending I.A., if any, also stand disposed of. (Deepak Roshan, J.) 23rd June 2026 Amit Uploaded on 3/7/2026