PRIYANKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in Civil Appeal No. 797 of 2026 are aggrieved against the judgment dtd. 11/4/2019, passed by the High Court [High Court of Judicature at Patna] in Letters Patent Appeal No. 671 of 2018. The High Court dismissed the appeal against the order of the Single Judge dtd. 22/2/2018 passed in Civil Writ Petition No. 6827 of 2016, thereby affirming the termination of services of the petitioners therein.

(2.) Briefly, the facts are that the appellants approached the High Court challenging their dismissal from the post of librarian on which they were appointed by the State of Bihar. It was on account of the fact that the degree obtained by them from the University of Technology and Science, Raipur, Chhattisgarh, [For short "the University"] was declared invalid as the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 [For short "the 2002 Act"] under which the University was established, was later on declared to be ultra vires.

(3.) Briefly, the facts available on record are that the 2002 Act was enacted by the Chhattisgarh State Legislature providing for establishment of self-financing universities to promote higher education in the State. The University in question was granted recognition vide order dtd. 4/2/2002 by the State of Chhattisgarh under the provisions of the 2002 Act. On 28/5/2004, a public notice was issued enlisting the names of the universities that have been established under the 2002 Act, wherein the name of the University in question is mentioned at Serial No. 23. After getting admission in the aforesaid University, the appellants passed out with a degree of Bachelor of Library Science (B.Lib) in the year 2004. Even the Central Government vide communication dtd. 26/1/2004 issued by the Ministry of Human Resources Development, Government of India, had recognized the courses conducted by the University.