Bhuneshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23233 of 2012 ====================================================== Bhuneshwar Singh Son Of Late Mukhlal Singh Resident Of Village - Baburban, P.S. - Baruraj, District - Muzaffarpur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna

3. Director, Higher Education, Bihar, Patna

4. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur

5. Registrar, B.R.A. Bihar University, Muzaffarpur

6. Principal, Jeevachh College, Motipur, P.O. + P.S. - Motipur, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Prasad For the Respondent/s :

Mr.Anil Kr Uapdhyay : Mr. Vikas Ratan Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 02-01-2019 1.

Heard the learned counsel for the petitioner, the learned counsel appearing for the University and the learned counsel appearing for the State.

2.

The learned counsel appearing for the petitioner submits that the similar issue as agitated in the present writ petition, was adjudicated in C.W.J.C. no. 21242 of 2014 which was disposed of by this Court noticing the entire scheme of the Bihar State University Act and the circumstances under which the petitioners of that case were appointed by the erstwhile Managing Committee of the College which was made

Patna High Court CWJC No.23233 of 2012 dt.02-01-2019 2/2 constituent in the third phase. The Court has also relied upon the judgment of the Full Bench of this Court and the judgment of the Hon'ble Apex Court reported in (2015) 8 SCC 265 (Amarkant Rai v. State of Bihar & ors.) and disposed of the writ petition by an order dated 01.10.2018.

3.

This Court, noticing the judgment in the case of Amarkant Rai (supra) and the fact that the petitioner has been working in the college for more than three decades, disposed of the writ petition with a direction to the respondents to take decision on regularization of the petitioner with all consequential benefits within a period of four months. 4.

Considering the similarity of the fact situation, this writ petition is also disposed of on the same line with a direction to the respondents to take a decision on regularization of the petitioner with all consequential benefits within a period of four months from today.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.01.2019 Transmission Date NA