SHASHI NATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24,8.2000, passed by a learned Single Judge, by which he has dismissed C.W.J.C. No. 9142 of 1997 and other analogous cases, which were filed by the appellants and others for quashing the notification dated 31.1.1991, issued by the Respondent -State terminating their services as a resuit of their non -absorption in Government service under section 5(3) of the Bihar Private Engineering College (Taking Over) Ordinance, 1991, which was replaced by Act IV of 1991 and for further quashing the subsequent orders passed by the authorities reiterating the same order. Equivalent Citation:2001 -PLJR -1 -226

(2.) THE facts necessary for disposal of the present appeal are that the Government promulgated Ordinance no. 37 of 1986 and took over three private Engineering Colleges, namely, (i) Indian College of Engineering, Motihari, (ii) Jagarnath Mishra Institute of Technology, Darbhanga and (iii) Magadh Engineering College, Gaya. Section 5 of the Act contains provisions for determination of the conditions of service of employees including non -teaching employees. It provided, inter alia, that all the staff employed in the said Engineering Colleges shall cease to be the employees of the concerned Private Engineering College from the date of vesting in the State Government under section 3 and the employees shall continue to serve the concerned Private Engineering College on ad hoc basic till a decision is taken under sub -section (3) of section 5 by the State Government. The said section also provided for constitution of one or more Committees of experts and knowledgeable persons to examine the strength of the staff and the staffing pattern and will also examine the biodata of such member of the teaching and other categories of employees of each of the Private Engineering Colleges and shall then ascertain whether strength, staffing pettern, appointment, promotion or confirmation sanctioned and made by the Managing Committee of each of the Private Engineering College are proper in accordance with Universities Act, statutes, Ordinance, rules or Government direction/circulars and shall take into consideration all relevant materials such as the requirements of the Private Engineering College, qualification, experience and research degree etc. and submit its report to the State Government. Sub -section (3) thereof empowers the State Government to determine the strength of teaching and other categories of employees and the staffing pattern. It also empowers the State Government to decide in respect of each member of the teaching and other categories of the employees on the merit of each case whether to absorb him in Government service or to terminate his service or to allow him to continue on ad hoc basis for a fixed term or on contract. It further authorises the State Government to redetermine the rank, pay, allowances and other conditions of service.

(3.) IT further appears that the said notification was challenged by Raghunath Singh and others by filing several writ applications, which were heard by a learned Single Judge and he quashed the notification on the ground that it was passed without following the principle of natural justice. The said judgment is reported in 1996(1) All P.L.R. 611 (Raghunath Singh V/s. State). Relying upon the judgment in the case of Raghunath Singh (supra), other writ applications were filed, which were disissed by other learned Single Judge relying upon the Division Bench decision in the case of Sadanand Jha (supra), against which two letters patent appeals, namely, L.A. No. 1662 of 1995 and LP.A. No. 1696 of 1995,were filed and a Division Bench finally disposed of the matter on 11.5.2000 holding that the judgment rendered by the learned Single Judge in the case of Raghunath Singh (supra) was contrary to the decision of the Division Bench in Sadanand Jha 'scase (supra) and, accordingly, overruled the same. 4/1/2013 Page 17