RAGHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these matters were heard together as common question of law is involved in all these cases. There are some factual difference is respect of the matters in question but those are not material for the purpose of the judgment which has been delivered in this case. As the basic question of law is the same, all these matters are disposed of by this common judgment.

(2.) The subject-matter of challenge in these writ petitions are orders of termination of services of the petitioners under the provisions of sub-section (3) of Section 5 of the Bihar Private Engineering College (Taking Over) Third Ordinance, 1990 (hereinafter referred as the said Ordinance. The broad grounds on which the orders of termination have been passed in this batch of writ petitions are summarised as follows :

(3.) There is another aspect of the matter also. In most of the writ-petitions it has been contended that at present there are sufficient vacancies in the taken over Colleges to accommodate all the petitioners. This is also a factual position and decision on this can only be made if an opportunity of hearing is afforded to the petitioners.