HABIB Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Tej Bahadur Singh, learned Senior Counsel assisted by Mr. Gyan Shankar and Mr. Brisketa Sharan Pandey, counsel for the petitioner, Mr. Lakmesh Marvind, A.C. to S.C. 20 for the State as also Mr. Vivekanand Kumar, learned coun- sel for the University.

(2.) The prayer of the petitioner in this writ application reads as follows:

(3.) With regard to the aforementioned prayer, Mr. Tej Bahadur Singh, learned Senior Counsel for the petitioner would submit that the College in question, Mirza Ghalib College, Gaya (hereinafter referred to as "the College") is minority institution in which the Government itself has taken the liability of making payment of salary of teaching and non-teaching staff and in fact the teachers of Science and Arts Faculty are being also paid their salary as per the grants released by the Government. He would, accordingly, submit that when the Commerce Faculty of the College is also affiliated with the prior approval of the State Government, there could be no any discrimination in the matter of payment of salary of the petitioner, a teacher of Commerce Faculty. In this regard, it has been superficially asserted in the writ application that the petitioner stands discriminated in the matter of payment of salary inasmuch as the same terms and conditions was initially made applicable even to the teachers of Science and Arts Faculty wherein the Government initially at the time of granting affiliation to Science and Arts Faculty had imposed the same condition of sharing no financial liability by the State pursuant to the aforementioned affiliation to the College, but the payment of salary by way of release of fund to the teachers of those faculties ultimately was made by the Government. He would thus strongly deprecate the obvious discrimination being practiced by the State Government in the matter of payment of salary only against the petitioner, the teacher of Commerce Faculty.