NATH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioners, who are said to be teaching and non -teaching staff of Indian College of Engineering, Motihari, have prayed for quashing of orders, as contained in annexures 1 series. They have further prayed for issuance of direction upon the respondents to absorb them on the respective posts in the college in question with effect from the date of take over of the college under the provisions of Section 5(3) of the Bihar Private Engineering College (Take Over) Act, 1991 (hereinafter to be referred to as "Act").

(3.) LEARNED counsel for the petitioners further submitted that the college in question was taken over with effect from 9th December, 1986 and till the date of taking over the petitioners were working on the respective posts and in token thereof they had produced sufficient materials before the screening committee, but due to connivance with the Secretary of the managing committee of the college in question, appropriate recommendation was not made, so far the petitioners are concerned. At the same time, the screening committee, as directed by this Court, to examine the case of the petitioners also, failed to consider their respective cases and declined the prayer of absorption saying that on the date of take over they were not on the roll of the college in question. Lastly, learned counsel submitted that the State Governmerit till date has not taken any decision in the matter on the report of the screening committee and the case of the petitioners, thus, is hanging in fire.