LAWS(PAT)-2008-8-117

MD.NASIR AHMAD Vs. STATE OF BIHAR

Decided On August 29, 2008
Md.Nasir Ahmad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, for the State as also for Respondent -B.R. Ambedkar Bihar University.

(2.) THE Syndicate of the University by its resolution after considering the order of the Supreme Court in Civil Appeal No. 6098 of 1996 passed resolution for regularisation/absorption of the petitioners. The petitioners, thus, acquired the status of permanency as distinct from their earlier precarious position. The Vice -Chancellor has now sought to annul this benefit given to the petitioners, visiting them with civil consequences. It is urged that before the impugned order dated 22.5.2008 came to be passed again referring to the very same order of the Supreme Court in Civil Appeal No. 6098 of 1996, no notice had been issued to the petitioners and they were given no opportunity to present their case. Additionally, the Vice -Chancellor was not competent to singularly annul the decision of the Syndicate.

(3.) LEARNED counsel for the University from the counter affidavit found it difficult to satisfy this Court with regard to the compliance of the principles of natural justice.