The Patna High Court disposed of two connected writ petitions challenging contractual recruitments of lecturers. The court referenced a prior judgment and dismissed the claims as covered by law established in that earlier case.
Petitions disposed in similar terms to CWJC No. 12728 of 2012 against re-engagement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10735 of 2012
====================================================== 1. Mukesh Kumar Choudhary Son Of Late Kedar Nath Choudhary Resident Of Lecturer, Government Polytechnic , Purnea, P.S. Purnea, District - Purnea 2. Ramrup Yadav Son Of Late Achubhi Prasad Yadav Resident Of Government Polytechnic, Purnea, P.S. Purnea, District - Purnea 3. Dr. Lakshman Kumar Son Of Late Bhola Prasad Yadav Resident Of Government Polytechnic, Purnea, P.S. Purnea, District - Purnea 4. Angad Kumar Son Of Sri Yamuna Prasad Mandal Resident Of Government Polytechnic Civil Engineering Govt. Polytechnic, Purnea, P.S. Purnea, District - Purnea 5. Md. Shechjahan Kamal Son Of Md. Kamaluddin Resident Of Lecturer (Mech. Department), Government Polytechnic, Purnea, P.S Purnea, District - Purnea 6. Nishi Kant Shrivastava Son Of Late Umeshwar Prasad Srivastava Resident Of Villge - Kamalpur, P.S.- Barauli, District - Gopalganj 7. Shaukat Ali Son Of Late Samullah Resident Of Naya Tola Shampur, P.S.- Kuchai Kote, District - Gopalganj 8. Md. Shamshad Anwar Son Of Late Akhtarul Hassan Resident Of Village - Jherwa, P.S.- Uchkagaon, District - Gopalganj 9. Dr. Nityanand Sah Son Of Late Deodatta Sah Resident Of Village - Parmanandpur, P.S.- Shreenagar, District - Madhepura 10. Rajiv Dev Ranjan Son Of Dr, Ram Deo Mahto Resident Of Mohalla - 'Sushila Sadan' Nirala Nagar Kolhua, Paigamberpur, P.S.- Ahiyapur, District - Muzaffarpur 11. Tarique Rashid Son Of Abdul Rashid Ansari Resident Of Villge - Chaknawada, P.S. - Dalsingsarai, District - Samastipur 12. Rajeev Ranjan Kumar Son Of Prof, Hazari Lal Resident Of C-25, Professor'S Colony, Aghoria Bazar Chowk, P.S.- Muzaffarpur Sadar, District - Muzaffarpur 13. Rajeev Kumar Son Of Jyoti Lal Prasad Gupta Resident Of Village - Mehta Tola, P.S.- Dariyapur, District - East Champaran (Bihar) 14. Amresh Kumar Son Of Sri Ram Sewak Sah Resident Of Village - Takbari, P.S.- Nauraingia, District - East Champaran (Bihar) 15. Manoranjan Kumar Sinha Son Of Dr. Madhusudan Prasad Sinha Resident Of Jagdeon Singh Bhawan, Beside College Of Commerce , Munna Chak, P.S. - Kankarbagh, District - Patna 16. Sanjeev Kumar Son Of Late Jagat Singh Resident Of Village - Chakmuzaffarpur, P.S.- Naokothi, District -- Begusarai 17. Rajesh Kumar Son Of Sri Ram Lakhan Mahto Resident Of Mohalla - Mahadeo Math, P.S.- Rosera, District - Samastipur 18. Sanjiv Kumar Son Of Sri Ram Anup Roy Resident Of Village - Gangapur, P.S.- Moosarigharani, District - Samastipur 19. Dr. Shivnath Prjapat Son Of Sri Sundar Prajapat Resident Of Village - Manjrethi, P.S. - Madanpur, District - Aurangabad 20. A. Zarin D/O Md. Ahsanul Hoda Resident Of Lecturer, P.G. Darbhanga, P.S.- Darbhanga, District - Darbhanga 21. Sudhir Kumar Son Of Singheshwar Das Resident Of Village - Narahia, P.S.- Laukahi, District - Madhubani
Patna High Court CWJC No.10735 of 2012 (3) dt.13-12-2012
2
Fire Station Campus, Gangjala, P.S. - Saharsa, District - Saharsa 23. Chandra Bhushan Singh Son Of Late Tej Narayan Singh Resident Of Village - Aaraha, P.S.- Ghailad, District - Madhepura
Patna High Court CWJC No.10735 of 2012 (3) dt.13-12-2012
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Govt. Polytechnic Bhagalpur, District - Bhagalpur
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Science And Technology, Government Of Bihar, Patna
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11734 of 2012
======================================================
.... .... Petitioner/s
Versus 1. The State Of Bihar Through The Principal Secretary, Science And Technology, Government Of Bihar, Patna
.... .... Respondent/s
======================================================
Patna High Court CWJC No.10735 of 2012 (3) dt.13-12-2012
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Appearance : (In CWJC No.10735 of 2012) For the Petitioner/s : Mr. Sarvan Kumar For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15 (In CWJC No.11734 of 2012) For the Petitioner/s : Mr. Sarvan Kumar For the Respondent/s : Mr. K.P. Gupta Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
Heard learned counsel for the petitioners and the State in both the writ applications.
3 13-12-2012
Both the writ applications raise a similar dispute and therefore they are being disposed by this common order.
The petitioners have been appointed as Lecturers or Associate Professor on contract. The contract is sated to have been renewed at regular intervals and the submission is that there has been no allegation in context of discharge of duties by them. Having published an advertisement for regular appointment leaving the same inconclusive fresh advertisement has been published inviting candidates for contractual appointments on the very same post which is the subject matter of regular advertisement. The submission therefore is that there can be no justification for replacing one contractual employee by another.
Counsel for the parties are agreed that the controversy stands covered by the order in CWJC No. 12728 of 2012.
The writ applications are disposed in similar terms as CWJC No. 12728 of 2012.
(Navin Sinha, J)
Snkumar/-
1 issue framed by the court
Whether contractual lecturers are entitled to regular appointments pending a fresh advertisement cycle.
Colour shows how this judgement treated each authority
CWJC No. 12728 of 2012Relied on¶54
Mukesh Kumar Choudhary and Others
State of Bihar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
