SHAILENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS are the Class III/IV non -teaching employees of the Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna (hereinafter referred to as 'the Institute'). They are aggrieved by the directions of the Human Resource Development (Higher Education) Department of the State of Bihar as contained in Letter dated 8.1.2005 to terminate their services in consideration of the report of the Enquiry Committee constituted under the Chairmanship of the then Director of the Institute in compliance of the directions of this Court contained in ORDER :dated 7.5.2002, passed in C.W.J.C. No. 13417 of 2000 as the Committee had noticed illegalities in appointment/promotion of the petitioners. They are also aggrieved by the consequential ORDER :of the same date issued in compliance of the aforesaid directions of the State Government terminating their services. The two ORDER :s are annexed with the different writ petitions as Annexures -28, 57, 18, 20, 29 and 3 series in the seriatim indicated at the title page of this ORDER :.

(2.) THE Institute was initially named as Bihar Institute of Economic Development and was established as a Research Institute recognized by the Magadh University and subsequently Ranchi, Patna and Bihar Universities also granted recognition to the Institute as a Research Institute. Later its name was changed to commemorate the memory of Late LEI. lit Narayan Mishra, Former Union Railway Minister. In March 1977. the Institute was declared as an autonomous Institute under Section 73. of the Bihar State Universities Act. Thereafter the Institute was taken over under the Bihar Private Educational Institutions (Taking Over) Ordinance, 1986. The Ordinance was later replaced by the Bihar Act 19 of 1987. Petitioners were appointed in the services of the Institute before and after its take over and the said fact will appear from the date of their appointment as given in the chart below:

(3.) THE validity of the Take Over Act as also the ORDER :terminating the services of the Registrar of the Institute was questioned by the Institute and its Registrar before the Hon'ble Supreme Court and the Hon'ble Supreme Court having considered the provisions of sub -sections (3) and (4) of Section 6 of the Take Over Act as also the ORDER :terminating the services of the Registrar of the Institute held as follows: