Petitioner withdrew writ application regarding teacher definition in Bihar Universities Act. Court dismissed as not pressed, citing subsequent amendment and pending Supreme Court case.
Writ application dismissed as not pressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12030 of 2013
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Babu Nand Singh, son of late Balkrishna Singh, Resident of East Bhojpur Colony, Maa Asha Bhawan, Near Manokamna Mandir, Ramlakhan Path, Ashok Nagar Patna-800020, Police Station Kankarbagh, District Patna.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance: For the Petitioner/s : Mr. Nilanjan Chatterjee, Adv. Mr. Apurva Roy, Adv. Mr. Surabhi, Adv. For the State : Mr. Krishna Kumar Singh, A.C. to G.P.-22 For the University : Mr. Vipin Kumar, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 13-12-2016
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the University.
This Court is not required to go into the merit of the
case in view of the fact that amendment effected in the Bihar Universities Act, 22 of 2012, thereby the Laboratory Assistants, Junior Laboratory Assistants, Laboratory In-charge, Laboratory Technicians and Technical Assistants have been deleted from the definition of ‘Teachers’ and whoever have been given the benefit of
Patna High Court CWJC No.12030 of 2013 dt.13-12-2016
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Demonstrator before 1975 they have been kept untouched by the Legislative mandate. The virus of the Bihar Universities Act was challenged before this Court and this Court has found that the provision is intra-virus and the State has effected the amendment within its legislative jurisdiction. The said decision is rendered in the case of Akhauri Bijay Prakash Sinha and Ors. vs. The State of Bihar and Ors., reported in 2014(2) PLJR, 798 .
In such circumstances, the grievance which has been raised in the present application is no longer subsisting.
Learned counsel for the petitioner does not want to press this application. Accordingly, this writ application is dismissed as not pressed.
It is reported that the issue involved in this writ application is pending before the Hon’ble Supreme Court. It is made clear that the petitioner of this case will be governed by the result of the case pending before the Hon’ble Supreme Court.
(Shivaji Pandey, J)
pawan/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAVDATE | N/A. |
| Uploading Date | 14.12.2016 |
| Transmission Date |
Colour shows how this judgement treated each authority
Akhauri Bijay Prakash Sinha and Ors. vs. The State of Bihar and Ors.Referred¶21
Akhauri Bijay Prakash Sinha and Ors. vs. The State of Bihar and Ors., 2014(2) PLJR, 798
1 provisions across 1 enactments
Babu Nand Singh
The State of Bihar
The Magadh University
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
