LAWS(SC)-2023-10-100

NUTAN KUMARI Vs. B.R.A. BIHAR UNIVERSITY

Decided On October 12, 2023
NUTAN KUMARI Appellant
V/S
B.R.A. BIHAR UNIVERSITY Respondents

JUDGEMENT

(1.) The appellant[1] is aggrieved by the judgment dtd. 16/5/2011, passed by the Division Bench of the High Court of Patna where under the appeals[2] filed by the respondents No. 5 to 8 herein working as Physical Training Instructors[3] in four different colleges under the respondent No.1- University were allowed and the judgment of the learned Single Judge dtd. 10/2/2011 passed in CWJC No. 14680 of 2020 filed by the appellant terminating their services was quashed. It was further clarified that if the respondent No.1 - University, including the Chancellor were so inclined, they would be entitled to proceed afresh with the inquiry directed to be conducted in the matter after due notice to the private respondents herein.

(2.) We may first take note of some relevant facts of the case.

(3.) Pertinently, before notices to show cause were issued to respondents No.5 to 8, the appellant herein filed a separate writ petition[6] challenging the selection of the respondents No.5 to 8. Afterwards, all the petitions filed by the appellant and respondents No.5 to 8 were taken up together and decided by the learned Single Judge vide common judgment and order dtd. 10/2/2011. The writ petition filed by the appellant was allowed and those filed by the respondents No.5 to 8 were dismissed. The recommendations made by the Chancellor of the University were accepted.