Manaur Alam v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1119 of 2018 ====================================================== Manaur Alam S/o Md. Islam R/o Block Road P.O. Narkatiyaganj, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner

Versus

1. The Union of India, Department of Human Resource Development through its Secretary, Shastri Bhawan, New Delhi - 110001.

2. The University Grants Commission (UGC) through its Chairman, Bahadur Shah Zafar Marg, New Delhi- 110002.

3. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar

4. The Chancellor of the Universities of Bihar, Raj Bhawan, Patna through its Officer of Special Duty(Judicial) Raj Bhawan, Patna

5. The Principal Secretary, Education Department, Government of Bihar, Patna.

6. The Additional Secretary (Higher Education), Education Department, Government of Bihar, Patna.

7. The Magadh University, Bodh Gaya, through its Registrar.

8. The Vice- Chancellor, Magadh University, Bodh Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Pandey, Adv.

For the Respondent/s :

Mr. Lalit Kishore -AG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 14-02-2019 Heard the parties.

In the nature of the grievance so raised the petitioner, if so advised, can approach the appropriate authorities under the Bihar State Universities Act, 1976 (hereinafter referred to as 'the Act') for framing of the Rules regarding Maternity Leave in tune with those existing in the State Government as circulated vide memo no 2555 dated 29.03.2016, a copy of which is enclosed at Annexure-1 to the writ petition, whereby the women

Patna High Court CWJC No.1119 of 2018(3) dt.14-02-2019 2/2 State Government employees are allowed 180 days maternity leave while the women employees of the Magadh University are allowed only 90 days.

It is for the statutory authorities under 'the Act' to take a policy decision on such issue and not for the Courts to record its opinion.

The writ petition together with interlocutory application is accordingly disposed of.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U