DINA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in these cases, relates to regularisation of services. There are 21 petitioners in all. They claim to be non-teaching employees of Shivdeni Ram Ayodhya Prasad College (SRAP College), Bara Chakia, district East Champaran (hereinafter referred to as 'the College'). They seek quashing of the order, contained in Memo No. 573 dated 3-5-2001 of the Secretary, Higher Education Department, Government of Bihar, rejecting their claim for claim for regularisation of the services on Class III/IV posts, and the consequential letter of the Registrar, B.R. Ambedkar Bihar University dated 8-6-2001, and, further, a direction upon the respondents to absorb them in the service of the University.

(2.) The petitioners had approached this Court earlier too in different writ petitions which were disposed of with a direction to the State Government to consider their cases. The State Government in the Department of Higher Education by letter No. 532 dated 9-8-2000 constituted a three member committee headed by the Registrar of the University to make enquiry on the points mentioned therein after verifying the records of the College, and submit report to the Government. The committee accordingly examined the relevant records available in the college office and submitted its report on 31-3-2001. The report was forwarded by the University to the State Government on 19-4-2001. On 3-5-2001, by the impugned order, the State Government rejected the claim. It is relevant to mention here that the said order was passed without considering the findings of the enquiry committee. In fact, the Secretary. Higher Education Department, proceeded on the assumption that the report was not received in the Department, which does not appear to be correct. However it was stated that the Secretary later passed a supplementary order reiterating the previous one after considering the report.

(3.) CWJC No. 11697 was argued as the leading case and therefore, the facts of the case may be noticed from the records of that case.