The High Court directed the respondent University to dispose of the petitioners' regularisation application within six months after receiving necessary information from the college. The writ petition was subsequently disposed of.
Directed the University to decide on regularisation within six months; writ application disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10866 of 2012
====================================================== 1. Ram Kalash Thakur S/O Late Gaya Thakur R/O Village- Bakhari, P.S.Kalyanpur, District- East Champaran 2. Ram Sagar Prasad Singh S/O Shri Jagananan Ojha R/O VillageFatehpura, P.S.- Hardi, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Department Of Higher Education, Bihar, Patna 2. Secretary Department Of Higher Education, Bihar, Patna 3. B.R. Ambedkar Bihar University, Muzaffarpur Through Its Registrar 4. Vice Chancellor B.R. Ambedkar Bihar University, Muzaffarpur 5. Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 6. Principal, C.N. College, Sahebganj, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Rajeev Kr. Singh Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 02-07-2012 Heard learned Counsel for the petitioners and the University. It is submitted that the petitioners were appointed as Clerks on 19.6.1980 by the Governing Body of C. N. College, Sahebganj, Muzaffarpur affiliated to the respondent University. The college was declared a constituent unit in the year 1981.The petitioners approached for regularisation and instituted CWJC No. 7072 of 1994 which was disposed for consideration in terms of the judgement reported in 1997 (1) PLJR 509. Non consideration led to institution of contempt proceeding when the respondents rejected it on 10.2.2001. It was assailed by the petitioners in CWJC No. 5710 of 2002. On 13.4.2007 the Court remanded the matter to the respondents for constitution of a committee for examining the claims in accordance with law including the judgement of the Supreme Court in Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1. Subsequently
Patna High Court CWJC No.10866 of 2012 (2) dt.02-07-2012
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the College asked the petitioners for necessary information and after hearing them and examining their documents forwarded their names by letter dated 20.6.2011 to the respondent University for appropriate consideration by the committee and which still remains elusive.
Counsel for the University has no objection to the disposal of the application that if necessary information with regard to the petitioners has been furnished to the University let it take an appropriate decision on the question of regularisation in accordance with law including any orders of the Court passed earlier on the issue on which the petitioners may place reliance.
It appears that the matter has remained pending inordinately long since 2007 and therefore it is directed that the University shall take an appropriate reasoned decision with regard to the petitioners preferably within a maximum period of six months from the date of receipt and/or presentation of a copy of this order.
The writ application stands disposed.
(Navin Sinha, J)
Snkumar/-
3 issues framed by the court
Whether the University shall dispose of the regularisation application for the petitioners within a specified period.
Whether directions issue for the college to furnish necessary information to the University.
Whether the writ petition stands disposed by this Court.
Ram Kalash Thakur
Ram Sagar Prasad Singh
The State Of Bihar Through The Principal Secretary Department Of Higher Education
B.R. Ambedkar Bihar University
Navin Sinha
As recorded by the court registry
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