IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3826 of 2010
DR. VISHUNDEVA PRASAD VIDHYARTHI
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3753 of 2010
SHEO SHANKAR PRASAD SINGH
Versus
THE STATE OF BIHAR & ORS
with
MJC No.3781 of 2010
DR. SUNITY PANDEY
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3793 of 2010
DR. BHARTI S. KUMAR
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3794 of 2010
DR. B.K. PANDEY & ANR.
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3795 of 2010
DR. RAVI VERMA
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3797 of 2010
DINESH CHANDRA BALUNI & ORS.
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3799 of 2010
PROF. KRISHNA KANT JHA & ORS.
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3813 of 2010
DR. RAMJEE PRASAD BHAGAT
Versus
THE STATE OF BIHAR & ORS.
with
MJC No.3744 of 2010
DR.LAL MOHAN JHA
Versus
THE STATE OF BIHAR & ORS
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3 15.9.2010 All these matters primarily emanate out of judgment of this
Court in CWJC No. 11348 of 2010 and analogous cases, being
judgment dated 20.8.2010.The solitary issue in that case was as
to what would be the age of superannuation of University
teaching staff in Bihar. We are concerned with two Acts
governing the Universities, namely, Patna University Act, 1976
and Bihar State University Act, 1976. This Court, after
considering the matter, held ,inter alia, that in view of the
Regulation, as framed by the University Grants Commission and
the letter of the Central Government, dated 11th May, 2010 as
also the letter of the Central Government dated 31.12.2008 read
with para 42 of Division Bench judgment of this Court in the
case of State of Bihar -v- Professor (Dr.) Jagdish Prasad
Sharma, being LPA No. 117 of 2010, by operation of law
without the necessity of any order or notification by the State or
the University by virtue of Section 64 (a) of the Patna University
Act which is the same as Section 67 (a) of the Bihar State
University Act, the age of superannuation of the University
teaching staff gets extended to 65 years even though to a
common man this is a judgment in rem which would bind all the
authorities under the two Acts. This Court finds surprising that
some of the Universities under the two Acts have taken upon
themselves to wait clearance of the State Government to follow
the judgment of this Court.
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Patna University, Magadh University and B.R
Ambedkar Bihar University relalizing their responsibility, have
already issued notifications reinstating the superannuated
teachers but the other Universities are wait for government
clearance as if Government holds the opotion whether the orders
of this Court are to be obeyed or not. The judgment of this Court
by itself is not enough if the State does not say so, the University
would throw the judgment in the dust bin. The judgment, in view
of the University, does not bind the University unless the
binding Government Circular is supplied by the State.
Fortunately, learned counsel for Mithala
University states that the show cause filed by them be ignored,
for the University would fall in line with Patna University,
Magadh University and B.R Ambedkar University. As the
counsel realizing, rightly so, the judgments so long as they are
operative and not stayed by the superior Court or reversed by
the superior Court, are to be obeyed by one and all irrespective
of the will of the State.
On behalf of Vir Kunwar Singh University, a
show cause was filed clearly stating that notwithstanding the
judgment of this Court as it was not a party to the Writ Petition
the judgment would not bind the University and secondly the
State Government had issued no direction to it to obey the
judgment . All I can say is that the University being the
fountain head of education, lacks the basic education itself . A
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judgment in rem binds all, even people who are not party and
implementation of the judgment is not the discretion of the State
. Courts are not subordinate to it . Realizing this decision,
learned counsel for Vir Kunwar Singh University also states that
the said University would also uphold the rule of law and fall in
line so long the judgment of this Court is operative. It appears
that in other Universities, no action contrary to the judgment of
this court is being taken nor any action is being taken to
precipitate the matter. Therefore this Court is not called upon to
pass any order in that context.
In view of the aforesaid facts and circumstances, all
orders and notifications issued by the University under the Patna
University Act and Bihar State Universities Act contrary to the
judgment of this Court would stand superseded and would be
un-enforced. It would be business as normal up to the age of 65
years for the teachers.
List these matters on 22nd September for further
order and compliance of the order, if any.
( Navaniti Prasad Singh, J.)
singh