REGENT COMPUTRONICS PVT. LTD.

HARI MOHAN SINGH Appellant

V/S

STATE OF BIHAR Respondents

Referred Judgements :-

JUDGEMENT

(1.) In this batch of writ petitions petitioners have challenged the constitutional validity of Resolution of the State Government contained in Memo No. 171 dated 18.01.2011 and Para-7 of the order contained in memo no. BSU 47/2013-93 GS (i) dated 15.01.2014, whereby the Chancellor of the Universities, in exercise of power under Section 36 (7-proviso) of the Bihar State Universities Act, 1976, has approved the amendment in the existing Statute of Triple Benefit Scheme with effect from 31.8.2010.

(2.) In all the writ petitions common question of fact and law is involved and as such, with the consent of the parties, all the writ petitions have been heard together and are being disposed of by this common judgment. In order to decide this batch of writ petitions, I have taken into consideration the pleadings and foundational facts pleaded in CWJC No. 4835 of 2016 as representative case.

(3.) The petitioners have assailed the validity of the Resolution of the State Government dated 18.01.2011, Annexure-7 to the writ petition, on the ground that it creates a class within the class and it is in the teeth of the judgment of the Apex Court in the case of D.S.Nakara and others Vs. Union of India, 1983 1 SCC 304. Petitioners have also challenged the validity of amendment introduced vide Memo No. BSU 47/2013-93 GS (i) dated 15.1.2014, Annexure-8 to the writ petition fixing 31.8.2010 as cut-off date for granting Triple Benefit Scheme as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India as the aforesaid amendment is contrary to the law laid down by the Apex Court in the case of D.S.Nakara .

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HARI MOHAN SINGH Vs. STATE OF BIHAR

Referred Judgements :-

JUDGEMENT

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