Kantir Yadav v. Kameshwar Singh Darbhanga Sans

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18129 of 2010 ====================================================== Kantir Yadav S/O Late Luchai Yadav R/O Vill.- Ramnagra, P.O.- Sankorthu, Distt.- Madhubani, At Present Working As Assistant In Nqandan Sanaskrit College, Isahpur, P.O.- Sankurthu, Distt.- Madhubani ... ... Petitioner/s

Versus

1. Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar, Darbhanga Through Its Registrar

2. Vice-Chancellor Kameshwar Singh Darbhangaa Sanskrit University, Kameshwar Nagar, Darbhanga

3. Registrar Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

4. Principal Nandan Sanskrit College, Isahpur, P.O.- Sankurthu, Distt.- Madhubani

5. The State Of Bihar Through Principal Secretary (HIGHER Education) Human Resources Development Department, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate For the University :

Mr. Awadhesh Pd. Sinha, Advocate For the Respondent/s :

Mr. Nagendra Pd. Yadav, SC-23 Ms.Vijaya Laxmi Srivastava AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 30-07-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as University.

2. The grievance of the petitioner in the present writ application is non-consideration of his case for absorption in terms of Section 4(1) (14) of the Bihar State University Act.

3. Learned counsel for the petitioner submits that petitioner was appointed in the college in question on 02.02.1981 prior to take over of the college. The college was made constituent on 31.3.1981 with Kameshwar Singh

Patna High Court CWJC No.18129 of 2010 dt.30-07-2018 2/3 Sanskrit University, Kameshwar Nagar, Darbhanga on 31.3.1982. He submits that in terms of Section 4(1)(14) of the Bihar State University Act the assets and liability of affiliated college was taken over by the University including the service of teaching and non-teaching employees of the college.

4. Referring to the judgment of Apex Court in the case of State of Bihar & Ors. vs. Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors. reported in (2005)9 SCC 129, he submits that in the matter of absorption under section 4(14), the University is required to take final decision as decision of absorption under section 4(1) (14) is the domain of the University. He further submits that in the instant case the respondents cannot deny absorption, finding fault in the initial appointment that there was the lack of wide circular in the daily news paper for appointment as such plea was rejected by the Apex Court in the case of Mahasangh (Supra). He submits that since petitioner are regularly working in the college in question for the last three decades, the respondents are under obligation to consider the case of the petitioner sympathetically, considering the law laid down by the Apex court.

5. Considering the totality of the facts situation including the judgment of the Apex Court in Mahasangh (Supra)

Patna High Court CWJC No.18129 of 2010 dt.30-07-2018 3/3 as well as judgment of the Apex Court in the case of Amarkant Rai vs. State of Bihar & Ors reported in (2015) 8 SCC 265 , the writ petition is disposed of with direction to the respondents to take final decision on the claim of the petitioner for absorption in terms of Section 4(1) (14) of the Bihar State University Act in the light of judgment of the Apex Court in Amakant Rai(Supra) within a period of four months from the date of receipt/production of a copy of this order.

6. It is made clear that taking work and denying remuneration runs contrary to the constitutional mandate of Article 21 and 23 of the Constitution of India. 7.With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.08.2018 Transmission Date