JAI PRAKASH UNIVERSITY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Anjani Kumar, learned senior counsel for the appellants and Shri Purushottam Kumar Jha, learned counsel for the respondent-petitioner as well as Shri Ashutosh Ranjan Pandey, learned Additional Advocate General No. 15 for the State.

(2.) We had heard the matter on 26th April, 2019 and had passed the following order:

(3.) The matter was again heard by us in response to the aforesaid queries and Shri Anjani Kumar, learned senior counsel for the appellant-University has urged that in the absence of a sanctioned post and in the absence of the procedure prescribed in law for appointing the respondent-petitioner, no relief can be granted and his case is clearly distinguishable and not at par with the case of Abdus Salam. He further submits that the judgments relied on by the respondent-petitioner as referred to in the query raised by this Court are no longer applicable in view of the law laid down by a Constitution Bench in the case of Secretary, State of Karnataka Vs. Umadevi (3), 2006 4 SCC 1. He has further invited the attention of the Court to the decision of the Chancellor dated 22.02.2011 whereby the earlier financial and administrative decisions of the University stood withdrawn as a result whereof the respondent petitioner was not entitled to claim the benefits as prayed for.