RAM NIWAS KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals (LPA No. 1696 of '995 at the instance of 55 appellants and LPA No. 1662 of 1995 at the instance of four appellants) are filed against the judgment and order, dated 1.11.1995 passed by a learned single Judge of this court dismissing four writ petitions seeking similar reliefs.

(2.) THE appellants claim to be working on different Class III and Class IV posts in one or the other of the three private Engineering Colleges, namely, (i) Indian College of Engineering, Motihari, (ii) J.M.I.T. Darbhanga and (iii) Magadh Engineering College, Gaya which were taken over by the Government by Ordinance No. 37/1986, dated 9.12.1986 (later made into an Act). The appellants came to this court seeking to challenge notification, dated 31.1.1991 by which a large number of persons, including the appellants, were denied regularisation and were removed from service in terms of Section 5(3) of the Ordinance. Their challenge to the notification, dated 31.1.1991 failed when the learned single Judge dismissed all the four writ petitions by judgment and order, coming under challenge in these two appeals.

(3.) BEFORE proceeding further, it will be appropriate to note Section 5 of the take over Ordinance No. 37 of 1986 which was later replaced by Bihar Act No.4 of 1991. Section 5 which remains the same in the Act as it was in the Ordinance is reproduced below: