Teachers Association Snsrks College Saharsa And ORS v. The State Of Bihar Through Mr. R.K.Mahajan The Principal Secretary Human Resources Department Govt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2631 of 2015 In Civil Writ Jurisdiction Case No.14431 of 2012 ======================================================

1. Teachers Association S.N.S.R.K.S. College Saharsa (A Constituent Unit of B.N.M.U. Madhepura) through its Secretary-Dr. Kamlesh Prasad Singh Dept. of Psychology.

2. Dr. Kamlesh Prasad Singh, Son of Late Rajendra Prasad Singh, Amar Sona Lal Makan, P.O. Saharsa, Ward No. 17, District-Saharsa (Bihar)

3. Ramesh Prasad Singh, Son of Late Jangbahadur Singh, Deptt. of Hindi, S.N.S.R.K.S. College, Saharsa (Bihar) Resident of at+ P.O. Panchgachia, Distt-Saharsa (Bihar)

4. Dr. Syed Jahangir, Lecturer, Son of Late Syyed Sharful Huda, Deptt. of Urdu, S.N.S.R.K.S. College, Saharsa (Bihar) Village-Maburakpur, P.O. Sawmekh Distt. Begusarai (Bihar).

5. Dr. Shahid Hussain, Lecturer, Son of Late Mohd. Abdul Hadi, Deptt of Economics, S.N.S.R.K.S. College, Saharsa (Bihar), Mohalla-Mirtola, Ward No. 07, District Saharsa (Bihar)

6. Sri Murari Prasad Singh, Lecturer, Son of Late Ramdeo Prasad Singh, Deptt of Commerce, S.N.S.R.K.S. College, Saharsa (Bihar), Ward No. 12, Sasarsa (Bihar)

7. Mrs. Santa Singh, Lecturer, Wife of Dr. P.K. Singh, Deptt. of L.S.W. S.N.S.R.K.S. College, Saharsa (Bihar), Lakshmi Nath Nagar, Ward No. 06, Saharsa (Bihar)

8. Sri Manoj Kumar Jha, Lecturer, Son of Late Chandra Nath Jha, Deptt. of Chemistry, S.N.S.R.K.S. College, Saharsa (Bihar), Kayosth Tola, Saharsa (Bihar)

9. Sri Suresh Chandra Jha, Lecturer, Son of Late Ugra Mohan Jha, Deptt. of Pol. Science, S.N.S.R.K.S. College, Saharsa (Bihar), At + P.O.-Karnpur, Distt. Saharsa (Bihar).

10. Sri Indra Narayan Kumar, Lecturer, Son of Late Kula Nand Kumar, Deptt. of Sanskrit, S.N.S.R.K.S. College, Saharsa (Bihar), Kayastha Tola, Ward No. 30, Saharsa (Bihar)

11. Dr. Ganesh Mishra, Lecturer, Son of Late Shashi Dhar Mishra, Deptt. of Maithili, S.N.S.R.K.S. College, Saharsa (Bihar), Ward No. 23, Batraha, Saharsa (Bihar).

12. Sri Kishore Kumar Jha, Lecturer, Son of Late Modnanand Jha, Deptt. of Sanskrit, S.N.S.R.K.S. College, Saharsa (Bihar) , AT+ P.O.- Pilakhbar, Distt.- Madhubani (Bihar)

13. Md. Mokhtar Alam, Lecturer Son of Late Gulam Ali Rabbani, Deptt. of Anthropology, S.N.S.R.K.S. College, Saharsa (Bihar), Bharti Nagar, Ward No. 26, Saharsa (Bihar).

14. Sri Binod Kumar Singh, Lecturer, Son of Late Prahlad Kumar Singh, Deptt. of English, S.N.S.R.K.S. College, Saharsa (Bihar), At + P.O.- Soha, Thana, Sonbarsa Raj, Distt. Saharsa (Bihar).

15. Sri Shiv Shankar Jha, Lecturer, Son of Sri Gulab Jha, Deptt. of Economics, M.L.T. College, Saharsa( Bihar), Ward No. 24, P.O. Supaul, Distt-Supaul (Bihar) PIN 852131.

16. Dr. Md. Salman, Lecturer, Son of Md. Hassan, Department of Persian, S.N.S.R.K.S. College, Saharsa (Bihar), Village Kalwara (Malichpur), P.O.- Ratanpur, Distt. Darbhanga.

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17. Sri Arun Kumar Jha, Lecturer, son of Late Chandrakant Jha, Deptt of Statistics, S.N.S.R.K.S. College, Saharsa (Bihar), At + P.O. Kushikibagh, Distt.-Purnea.

18. Sri Arun Kumar Jha, Lecturer, Son of Late Ramakant Jha, Deptt. of Physics, B.S.S. College, Supaul (Bihar), Batraha, Ward No. 23 Saharsa (Bihar).

19. Sri Binay Kumar Singh, Lecturer, son of late Arbind Prasad Singh, Department of Physics, Purnea College, Purnea (Bihar), At + P.O. Rupaspur, Via-Purnea H.O. Distt. Purnea (Bihar)

20. Mrs. Preeti Singh, Lecturer, Wife of Mr. Bipin Kumar Singh, Deptt. of Home Science, Mahila College, Purnea (Bihar), European Colony, Near Indira Gandhi Stadium, Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar through Mr. R. K. Mahajan, Principal Secretary Human Resources Development Department (Higher Education) Govt. of Bihar, Patna

2. Mr. Sunil Kumar Singh, Director, Higher Education, Human Resources Development Department (Higher Education) Govt. of Bihar, Patna

3. Dr. Binod Kumar, Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

4. Dr. Kumaresh Prasad Singh, Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

5. Mr. R.K. Mahayan, Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Opposite Party/s :

Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 29-07-2025 Heard learned counsel for the parties.

2. This contempt petition has been filed alleging violation of order dated 18.03.2015, passed in C.W.J.C. No. 14431 of 2012, whereby this Court in paragraph no. 21 had passed the following order:- "21. I, therefore, consider it appropriate, under the facts and circumstances of the case to direct the State Government, through Principal

3/4 Secretary, Human Resources Department (Higher Education), Government of Bihar, to examine as to whether the Lecturers of fourth (4th) phase constituent Colleges could be considered for career advancement under the Career Advancement Scheme dated 22.07.1998 or because of any provision under the Career Advancement Scheme, the petitioners and other similarly situated persons stood totally excluded from consideration of the provisions under the said scheme. If State Government, comes to a conclusion that the petitioners were eligible to be considered under the Career Advancement Scheme and they themselves failed to avail the opportunity of such career advancement, the State, Government of Bihar, will pass an order, accordingly, with reasons within a period of three

(3) months from the date of receipt/production of a copy of this judgment. If it is found that the petitioners and similarly situated persons are not covered or stand excluded from the purview of the Scheme because of certain circumstance, beyond their control, the State Government shall consider evolving a scheme confined to Lecturers of fourth (4th) phase so that they may have some opportunity of career advancement or promotion in their service career, in consultation with other statutory functionaries including the Chancellor of the Universities."

3. Opposite party nos. 1 and 5 have filed show cause

4/4 wherein in paragraph no. 5, it has been stated that a reasoned order on the issue in question has been passed vide memo no. 1144 dated 12.09.2016 by the answering deponent in consonance with paragraph no.21 of the order dated 18.03.2015 passed in C.W.J.C. No. 14431 of 2012. A copy of the said order passed by the answering deponent has also been brought on record as annexure-R/1 to the show cause.

4. In view of the above, I find that the order passed in the writ petition has been complied with by the opposite parties.

5. As such, the contempt petition stands closed and disposed off.

(Nani Tagia, J) Amrendra/- U