Disposed

Moti Bhagat v. The State Of Bihar and Ors.

Patna HC26 Oct 2018CWJC/22346/2012

Case brief

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What is this about?

The High Court disposed of a batch of writ petitions concerning employment regularization. Relying on a previous order and the Apex Court judgment in Amarkant Rai, the Court directed respondents to decide on regularizing petitioners with benefits within four months.

What did the court decide?

Directed respondents to decide on regularization of petitioners with all consequential benefits within four months.

Moti Bhagat Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23491 of 2012

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====================================================== 1. Shrikant Singh Son Of Ram Sagar Singh At + P.O. - Pana Chapra, P.S. - Motipur, District - Muzaffarpur 2. Nageshwar Singh S/O Kamal Singh Resident Of Village - Parsauni Nath, P.O. - Rampur Meena, P.S. - Barauni, District - Muzaffarpur ... ... Petitioner/s Versus 1. The State Of Bihar 2. Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 3. Director, Higher Education, Bihar, Patna 4. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 5. Registrar, B.R.A. Bihar University, Muzaffarpur 6. Principal, Jeevachh College, Motipur, P.O. + P.S. - Motipur, District - Muzaffarpur ... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 22346 of 2012 ======================================================
Moti Bhagat Son Of Late Baidyanath Bhagat Resident Of Village- Mainpura, P.O.- Birahima Bazar, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/S Versus 1. The State Of Bihar 2. Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna 3. Director, Higher Education, Bihar, Patna 4. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 5. Registrar, B.R.A. Bihar University, Muzaffarpur 6. Principal, Jeevachh College, Motipur, P.O. + P.S.- Motipur, District- Muzaffarpur ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22424 of 2012
====================================================== 1. Shiv Balak Ram Son Of Jagdeo Ram Resident Of Village - Baburban, P.S. - Baruraj, District - Muzaffarpur 2. Nand Kishore Singh Son Of R.P. Singh Resident Of Village + P.O. - Baburban, P.S. - Baruraj, District - Muzaffarpur 3. Prabhu Ray Son Of Sri Jagir Roy Resident Of Village - Baburban, P.S. - Baruraj, District - Muzaffarpur

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Patna High Court CWJC No.23491 of 2012(3) dt.26-10-2018 2/4

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4. Bharat Singh Son Of Saryug Prasad Singh Resident Chainpur, P.O. - Aima Bishunpur, P.S. - Kanti Muzaffarpur	Of Village - , District -
5. Ambika Singh Son Of Late Ram Padarath Singh Village - Ratanpura, P.O. + P.S. - Motipur, Muzaffarpur	Resident Of District -
... Versus 1. The State Of Bihar	... Petitioner/s
2. Principal Secretary, Human Resources Development Government Of Bihar, Patna	Department,
3. Director, Higher Education, Bihar, Patna 4. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 5. Registrar, B.R.A. Bihar University, Muzaffarpur 6. Principal, Jeevachh College, Motipur, P.O. + P.S. - Moti Muzaffarpur ... ... ============================================= with Civil Writ Jurisdiction Case No. 22377 of 2012	pur, District - Respondent/s =========
============================================= 1. Madhurendra Kumar Singh S/O Late Chandraket Sin Of Vill. + P.O.- Mathia Bhopat, P.S.- Lakhaura, D Champaran	======== gh Resident istrict- East
2. Rampukar Bhagat S/O Sri Jatta Bhagat Resident Of Berahima Bazar, P.S.- Baruraj, District- Muzaffarpur	Vill. + P.O.-
3. Pradeep Kumar Singh S/O Late Rameshwar Singh Re + P.O.- Panna Chapra, P.S.- Motipur, District- Muzaf	sident Of At farpur
4. Krishna Kumar Singh S/O Late Ramjeevan Singh Re + P.O.- Panna Chapra, P.S.- Motipur, District- Muzaf ... Versus	sident Of At farpur ... Petitioner/s
1. The State of Bihar
2. Principal Secretary, Human Resources Development Government of Bihar, Patna	Department,
3. Director, Higher education, Bihar, Patna 4. Vice-chancellor, B R A Bihar University, Muzaffarpur
5. Registrar, B R A Bihar University, Muzaffarpur
6. Principal, Jeevachh College, Motipur, p.o. + p.s.- Mot Muzaffarpur	ipur, District-
... ... =============================================	Respondent/s =========
Appearance :
(In Civil Writ Jurisdiction Case No. 23491 of 2012)
For the Petitioner/s : Mr. Vivek Prasad
For the State : Ms. Deepanjali Gupta, AC to GP 10
(In Civil Writ Jurisdiction Case No. 22346 of 2012)

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Patna High Court CWJC No.23491 of 2012(3) dt.26-10-2018 3/4

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For the Petitioner/s : Ms. Roona For the B R A : Mr. Samir Kumar For the State : Ms. Prakritita Sharma, AC to SC 25 (In Civil Writ Jurisdiction Case No. 22424 of 2012) For the Petitioner/s : Mr. Vivek Prasad For the Respondent/s : Mr. Sunil Kr. Mandal, SC 3 Mr. Arjun Prasad, AC to SC 3 (In Civil Writ Jurisdiction Case No. 22377 of 2012) For the Petitioner/s : Mr. Vivek Prasad For the Respondent/s : Mr. A.Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 26-10-2018

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Heard learned counsel for the petitioners, learned counsel appearing for the University as well as learned counsel representing the State.

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Learned counsel appearing for the petitioners would submit that similar issue as agitated in the present batch of writ petitions was adjudicated in CWJC No. 21242 of 2014, whereby this Court disposed of the writ petition noticing the entire scheme of the Bihar State University Act and the circumstances under which the petitioners of that case were appointed by the erstwhile Managing Committee of the college which was made constituent in third phase. The Court also noted the judgment of the Full Bench of this Court and the judgment of the Apex Court in the case of Amarkant Rai vs. State of Bihar & Ors.[(2015) 8 SCC 265] and disposed of the writ application by order dated 01.10.2018.

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Patna High Court CWJC No.23491 of 2012(3) dt.26-10-2018 4/4

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This Court noticing the judgment in the case of Amarkant Rai (supra) and the fact that the petitioners have been working in the college for more than three decades disposed of the writ application with a direction to the respondents to take decision on regularization of the petitioners with all consequential benefits within a period of four months.

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Considering the similarity of fact situation, this batch of writ petitions is also disposed of on the same line.

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With the aforesaid, all the writ petitions stand disposed of.

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(Anil Kumar Upadhyay, J)

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mrl./-

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Moti Bhagat v. The State Of Bihar and Ors.

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Moti Bhagat v. The State Of Bihar and Ors.

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