RAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, for the State of Bihar in. the Department of Higher Education, the Bihar Rashtra Bhasha Parishad (hereinafter referred to as the 'Parishad') and for the Intervenors.

(2.) The Parishad is stated to be an autonomous institution functioning under the aegis of the State of Bihar in the Department of Higher Education and indisputably comes within the definition of "State" under Article 12 of the Constitution of India.

(3.) This Court in C.W.J.C. No. 2852 of 2006 and analogous cases on 20.3.2009 gave directions to fill up 50% vacant posts in the Parishad by regular appointment. It was noticed that the State Government had pervasive control over the entire functioning of the Parishad and recruitment required prior approval of Government. The State Government in the Department of Higher Education by a policy decision dated 15.11.1996 had prohibited any appointment in the Parishad, temporary, ad hoc or daily wage without such approval.