Dr.Sanjay Sinha v. The Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12096 of 2009 ====================================================== 1.Dr.Sanjay Sinha son of Dr. Anil Kumar Sinha, resident of 'PURNIMALAY' 4 H/46 Bahadurpur Housing Colony, District- Patna, posted as lecturer in Department of Geology B.D. College (earlier known as B.D. Evening College, Patna) ... ... Petitioner/s

Versus

1. The Magadh university, Bodh Gaya through its Registrar.

2. The Vice- Chancellor, Magadh University, Bodh Gaya.

3. The Registrar, Magadh University, Bodh Gaya.

4. The Principal Secretary to the Government, Department of Higher Education, Government of Bihar, Patna.

5. The Principal Secretary to the Government, Department of Finance Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pronoti Singh For the Respondent/s :

Mr. Madhukar Krishna Sinha Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2018

1. Heard learned counsel for the petitioner, counsel appearing on behalf of the respondent as well as University.

2. Recently the issue raised in the writ petition was adjudicated by this Court in C.W.J.C. No.17670 of 2017 by order dated 17.07.2018. This Court has considered the entire aspect of the matter and decided the similar issue raised in the present writ application.

3. Petitioner was initially appointed as lecturer in the then B.D. Evening College, Patna which was made constituent unit of Magadh University in the 4th phase. The controversy as to absorption under Section 4 (1) (14) was taken to the Apex

Patna High Court CWJC No.12096 of 2009(8) dt.10-08-2018 2/3 Court in case of Mahasangh reported in (2005) 9 SCC 129. It is to be noted that the Apex Court constituted one man committee of Justice S.C. Agarwal (Retd.) and after the report of Justice S.C. Agarwal Commission the Apex Court decided the issue in Mahasangh Case and directed the University to take decision for absorption of the teaching and non-teaching employee in the light of the report of Justice Agarwal Commission and the discussion of the Apex Court in judgment of Mahasangh case (Supra). The university examined the claim of the petitioner and petitioner was absorbed, but later on at the dictate of the State of Bihar the University reviewed its earlier decision and the notification of absorption of the petitioner.

Patna High Court CWJC No.12096 of 2009(8) dt.10-08-2018 3/3 receipt/ production of a copy of this order on the similar one the writ petition is allowed and the respondents have to take final decision on consequential reliefs payable to the petitioner treating as absorbed employee within 4 months from the date of receipt/ production of the copy of the writ application.

4. With the aforesaid writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U