(1.) IN this petition 44 petitioners have approached this Court impugning the notification No. 323 dated 31st. January, 1991, purporting to terminate their services.
(2.) THE petitioners were appointed in non -teaching pasts in different cadres an different dates in the J.M. Institute of Technology, Darbhanga and Magadh Engineering College. Gaya. by the Managing Committee thereof which are stated in Annexure 4 to this writ petition. Both the institutions, namely, J.M. Institute of Technology, Darbhanga and Magadh Engineering College, Gaya were private institutions at the material time of appointments of the petitioners. The State Government with a view to curbing establishment of private technical institutions and taking over of such institutions, enacted the Bihar State Engineering and Pharmacy Teaching Institutions (Management & Control) Act, 1982 (Act 63 of 1982) and the said Act was published in the notification dated 7.8.1982. Thereafter on the basis of the recommendation of the High Level Committee, constituted on 7.3.1984, the Government of Bihar took over the three private Engineering Colleges, namely Indian College of Engineering, Motihari, Jagarnath Mishra Institute of Technology, Darbhanga and Magadh Engineering College, Gaya, with effect from 9.12.1986 by the Ordinance No. 37 of 1986. A copy of relevant part of the Ordinance is annexed to this writ petition as Annexure 3.
(3.) SECTION 5 of the said Ordinance having bearing in the instant case is quoted below: "5. Determination of conditions of Service of teachers and other categories of employees of the private Engineering College. - (1) All the staff employed in the private Engineering College shall cease to be the employees of the concerned private Engineering College from the date of vesting in the State Government under Section 3 : Provided that the employee shall continue to serve the concerned private Engineering College on adhoc basis till a decision under sub -section (3) is taken by the State Government. (2) The State Government shall set up one or more Committee of experts and knowledgeable person who shall examine the strength of staff and the staffing pattern and shall further examine the bio -data of each member of the teaching staff and other categories of employees of each of the private Engineering Colleges and shall ascertain whether strength, staffing pattern, appointment, promotion or confirmation sanctioned and made by the Managing Committee of each of the private Engineering College are proper in accordance with Universities Act, statutes, Ordinance, rules or Government direction, circular and shall take into consideration all relevant materials such as the requirements of the private Engineering College, qualification, experience and research degree etc. and submit its report to the State Government. (3) The State Government on receipt of report of the Committee or Committees, as the case may be shall determine the strength of teaching and other categories of employees and the staffing pattern and shall decide in respect of each member of the teaching and other categories of employees on the merit of each case whether to absorb him in Government service or to terminate his service or to allow him to continue on adhoc basis for a fixed term or on contract and shall where necessary re -determine the rank, pay, allowances and other conditions of service."