SHEELA RANI SINHA Vs. HON&APOSBLE CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) Both the writ applications have been heard together and are being disposed of by a common order for the reason that the question of law coupled with the fact emerging from the pleadings are not at variance.

(2.) Both the petitioners were initially appointed on 4.7.1978 under what is known as Nalanda Mahila College, Biharsharif. At the relevant time it was under a Governing Body but subsequently the College in question was taken over by Magadh University. Petitioners thereafter have been transferred to other institutions depending upon their utility and the post being available in the Colleges concerned. Long time has gone past but their final status with regard to permanency, absorption and the benefits arising therefrom has not accrued to them because the University did not or could not take a decision under their understanding of law that the matter requires the approval of the Hon'ble Chancellor in this regard. Petitioners were supposed to have been appointed against the so-called 3rd and 4th sanctioned post for which recommendations are there but in absence of a final decision being taken at the level of the Hon'ble Chancellor, their status remains in a limbo. Procrastination on the part of the respondents has compelled them to approach the Court for suitable directions.

(3.) Learned Senior Counsel representing the two petitioners submits that the stand taken by the respondent Chancellor in the counter affidavit that no decision can be taken on the status of the two petitioners in view of the fact that a decision rendered by a Division Bench in the case of Devanand Sharma and Others vs. Chancellor and Others (CWJC No. 7550 of 2002) has doubted the correctness of the decision rendered in the case of Dr. Shiv Narain Yadav and Others vs. The State of Bihar and Others, 2001 2 PLJR 817 and the matter is pending before a larger Bench of the High Court. Till the Full Bench renders its decision there cannot be clarity as to what is to be done, which rule will apply or statute will govern the cases of regularization or absorption of lecturers including the two petitioners.