SATYADEO PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 12 writ pelitions and one contempt petition have been heard together because all the petitioners claim to be teaching or non -teaching employees of Shri Dhanvantri Ayurvedic College, Buxar at Ahirauli (hereinafter referred to as the College), from various dates prior to taking over of the College by the State of Bihar under section 6 of the Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act, 1985 (hereinafter referred to as the Act ).

(2.) PETITIONERS are aggrieved by the report dated 18.6.1999 of Committee constituted under sub -section (2) read with sub -section (4) of section 6 of the Act and also with the decision of the State Government dated 29.8.2003 on receipt of the report of the Committee taken under sub -section (3) read with sub -section (4) of section 6 of the Act. As the facts of various writ petitions would disclose, petitioners are aggrieved largely on account of not being permitted to continue in the service of the taken over College and in some cases due to re -determination of their rank in lower categories. The cases were heard . in detail at the stage of admission itself and are being disposed of by this common judgment and order. For the sake of convenience reference to facts have been made mainly from the records of CWJC No. 10301 of 2003 which was argued as the leading case and in which the State had filed a common supplementary counter affidavit copies whereof were served on learned counsel appearing for the petitioners in other analogous writ petitions. That has been used for arguments in all the cases without any objection. Relevant facts of other writ petitions and contempt petition will be referred to at appropriate places wherever found necessary.

(3.) THE relevant common facts may first be noticed in brief. The College was established by private individuals in the year 1972. It was affiliated to Bihar University, Muzaffarpur on 13.11.1975. After promulgation of the Act in the year 1985 the College was taken over by notification dated 6.12.1986 (Annexure -1) with effect from 1.3.1983. Subsequently as per judgment and order dated 12.7.1988 in writ petition bearing CWJC No. 992/87 the date of take over was modified and changed to 1.6.1986 in place of 1.3.1983.