MITHILESHKUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against a resolution of the State of Bihar in the Department of Science and Technology as contained in Memo No. 153 dated 21-2-1992 as also the order contained in Memo No. 392 dated 13-3-1992 whereby and whereunder Rajendra Pd. Singh (Respondent No. 4) has been given the charge of the Principal, Magadh Engineering College, Gaya.

(2.) The petitioner is allegedly presently holding the post of Head of the Department of Mechanical Engineering-cum-Principal Incharge, in the Magadh Engineering College, Gaya. By an Ordinance, known as Bihar Private Engineering College (Taking Over of Management and Control) Ordinance 1986 being Ordinance No. 37 of 1986 promulgated on 9-12-1986, the State Government took over the Management and control of three private Engineering Colleges including Magadh Engineering Coliege, Gaya,

(3.) Allegedly, in terms of Section 5 of the said Ordinance a Committee was constituted for the purpose of screening of the teaching and non-teaching staffs of the aforementioned institution, Allegedly, the Committee adopted the model of staffing pattern or B. I.T., Sindri. By a notification dated 31-1-1991 the services of the teaching staff were taken over on ad hoc basis by the State of Bihar. According to the petitioner, he has been working in the Mechanical Engineering Department whereas the Respondent No. 4 has been working in the Physics Department.