SADANAND JHA TOONA RAUT FAZLUR REHMAN AKHILESHWAR JHA RAMCHANDRA SINGH RAMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These six writ applications have been heard together and are disposed of by this common order.

(2.) In C.W.J.C. No. 759 of 1992, there 92 petitioners. Their services on different Class III and Class IV non-teaching posts have been terminated by notification dated 31-1-1991 as a result of their non-absorption in Government service under Section 5(3) of the Bihar Private Engineering College (Taking Over) Ordinance (now Act IV of 1991 hereinafter referred to as 'the Act') The services of the petitioners in the other five writ petitions, who are ten in number in all, have likewise been terminated by notification dated 28-12-1991 While services of the former group of petitioner's have been terminated as being beyond, the strength and staffing pattern prescribed by the Ali India Council for Technical Education ('the Council in short) and approved by the State Government, those ca the latter group of petitioners have been terminated after scrutiny of their cases as to eligibility and suitability. I shall consider the cases of the two groups of petitioners separately but before I do that certain basic facts which are not in dispute may be noticed.

(3.) In order to check the mushroom growth of engineering colleges end other types of technical institutions in the private sector, the State of Bihar enacted the Bihar State Engineering and Pharmacy Teaching Institute (Management and Control) Act, 1982, A Committee was constituted on 7-3-1984 to consider the cases of existing institutions for the purpose of of their take over. It is said that is the light of the recommendations of the said committee three private engineering colleges, namely, Indian College of Engineering Motihari, Jagannath Mishra Institute of Technology, Darbhanga and Magadh Engineering College, Gaya, were taken over with effect from 9-12-1986 under Bihar Ordinance No. 37 of 1986. Section 3 providing for the consequences of the fake over lays down, inter alia that with effect from the date of the said engineering colleges shall stand transferred to and vested in the State of Bihar free from all encumbrances. Section 5 provides for the determination of conditions of teachers and other categories of employees working in the colleges. In order to appreciate the points arising for consideration, the provisions as contained therein may be quoted in axtenso :