Allowed liberty to the petitioner to file a representation before Justice Agrawal Commission to reconsider his non-eligibility for service absorption following a Supreme Court order.
Liberty granted to the petitioner to file appropriate representation before Justice Agrawal Commission; application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14834 of 2009
.... .... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Sheo Nandan Mishra For the Respondent/s : Mr. (Sc21) Mr. Rajendra Kr.Giri Mr. Nirmal Kumar Singh Mr. Sarvesh Kr. Singh Mr. Arun Kumar Mr. Jai Shankar Barnawal Mr. Hans Raj
====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
7 07-02-2013 The petitioner submits that he is posted as Lecturer in Botany in R. K. Dwarika College, Lohia Nagar, Patna, which is a Fourth Phase Constituent College under Magadh University, Bodh Gaya.
The petitioner has filed the instant writ application for quashing the impugned order dated 24.07.2009 passed by the Registrar, Magadh University, Bodh Gay as contained in
Patna High Court CWJC No.14834 of 2009 (7) dt.07-02-2013
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Annexure-1 to this writ application, which has been passed pursuant to the order of this Court dated 12.05.2009 passed in C.W.J.C. No.5894 of 2009, by which representation dated 28.05.2009 filed by the petitioner has been disposed of holding that petitioner is not eligible for absorption of his service in Magadh University as a teacher in the light of judgment and order of the Apex Court and on the basis of the report of the Agrawal Commission.
Learned counsel for the petitioner has referred to page 64 of the report of the Agrawal Commission, which is quoted herein below for easy reference:
“It has also been submitted that the validity of order dated December 18, 1988 is under challenge by the State Government in the appeal pending before the Hon’ble Supreme Court. Since the validity of the order dated December 18, 1989, is under challenge before the Hon’ble Supreme Court in the pending appeal, I do not consider it appropriate to take note of the order dated December 18, 1989. Subsequent orders dated February 12, 1990 and February 24, 1990 are on the same lines as the order dated December 18, 1989 and for the same reasons, they are also not taken into account for the purpose of answering the term of reference.”
Patna High Court CWJC No.14834 of 2009 (7) dt.07-02-2013
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Learned counsel submits that their names were there in order dated December 18, 1989 prepared by the State Government. However, since the validity of order dated December 18, 1989 was challenged before the Hon’ble Apex Court, the Justice Agrawal Commission did not consider appropriate to take note of order dated December 18, 1989.
Counsel for the Magadh University has now referred to order of the Hon’ble Apex Court dated 22.01.2013 passed in S.L.P. (Civil) No. 12591 of 2010.
Counsel for the University submits that in terms of the further order of the Hon’ble Apex Court even cases of such petitioners, which were not considered earlier now would be considered and as such this Court may permit the petitioner to file representation before Justice Agrawal Commission.
Having regarding to the facts and circumstances of the case, liberty is granted to the petitioner to file appropriate representation before Justice Agrawal Commission in the light of order of the Hon’ble Apex Court.
With the aforesaid liberty, this application is disposed
of.
(Samarendra Pratap Singh, J)
Uday/-
1 issue framed by the court
Whether the petitioner is entitled to liberty to seek reconsideration of his service absorption eligibility in light of a Supreme Court order.
Santosh Kumar Pandey
The State of Bihar through the Principal Secretary, Higher Education Department, Government of Bihar
Magadh University
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
