TRILOCHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ) Counsel for the applicant (original petitioner) has submitted that this petitioner had preferred a writ petition being W.P. (S) No.4833 of 2008 with Interlocutory Applications and the said writ petition was decided vide order dated 7th December, 2011 and it has been categorically mentioned in paragraphs 6 and 7 thereof that looking to the powers of the respondents University under Section 4(1)(14) of the Jharkhand State Universities Act, 2000, it is within sole power and jurisdiction of the University to take over the management, assets, liabilities and the staffs of all private institutions if taken over. The power under Section 35 of the said Act cannot be exercised for question in the regularization/absorption. This aspect of the matter has not been properly appreciated by the respondents State authority while passing the order dated 30th March, 2012 which is at Annexure 6 to this contempt application and, therefore, let the order be quashed and set aside the matter be remanded for fresh decision within stipulated time and keeping in mind the decision rendered by the Hon'ble Supreme Court reported in (2005) 9 S.C.C. 129 and especially keeping in mind paragraphs 54, 60, 61, 62 and 64 thereof.

(2.) ) I have heard the learned counsel appearing for the respondents State and I have also heard Sri B.K. Tripathi, Principal Secretary, Human Resources Development Department (now upon his transfer he is Principal Secretary, Animal Husbandry (Diaries and Fisheries)) Counsel for the State submitted that looking to the interpretation of Section 4 (1)(14) of Act which are the powers of the University visavis Section 35 of the Act, 2000 which are the powers of the State, it appears that there is some misreading of the said judgment. Nonetheless, it is submitted by the counsel for the State that whenever any pay revision is to be made, the Government is always verifying the legality of the appointment and, therefore, the impugned order dated 30th March, 2012 has been passed which is annexed as Annexure -6.

(3.) ) Put up this case on 10th May, 2013.