In the High Court of Jharkhand at Ranchi
W.P.(S) No.5622 of 2010
Prafulla Kumar Sharma .... .............Petitioner
VERSUS
State of Jharkhand and others........ Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr. Manoj Tandon
For the State : S.C.II
For the J.P.S.C : Mr. S. Piprawall
2. 26.11.10
. Heard learned counsel appearing for the petitioner and learned
counsel appearing for the respondents.
Learned counsel appearing for the petitioner submits that
initially the petitioner was appointed as Assistant Professor in Magadh
Engineering College, Gaya, State of Bihar. Subsequently, that
engineering college was taken over by the Government of Bihar by
virtue of an Ordinance issued in the year 1986. Pursuant to the rule,
as contained in the Bihar Private Engineering College (Taking Over)
Rules, 1991, a Screening Committee was constituted and the names
of the selected candidates were forwarded to the State Public Service
Commission for concurrence. After obtaining concurrence, several
teachers were absorbed but before taking over the Magadh
Engineering College, Gaya by the State Government, services of the
petitioner and other persons were transferred to the B.I.T, Sinderi, by
virtue of notification issued in the month of October, 1994 and,
therefore, the case of the petitioner for absorption could not be
considered, though the case of similarly situated persons of the State
of Bihar was considered and their services were absorbed after
concurrence was given by the Public Service Commission.
Learned counsel further adds that Jharkhand Public Service
Commission has already given concurrence so far these petitioners
are concerned and only decision is to be taken by the State
Government but since decision is being not taken by the authority of
the State Government, the petitioner has moved to this Court.
In similar manner, other persons, namely, Dr. Arvind Kumar and
other had moved to this Court, vide W.P (S) No.2294 of 2005 which
has been disposed of by giving direction to the State Government to
take appropriate decision in accordance with rule.
Accordingly, this writ application is disposed of with a direction
to the concerned authority of the State Government to take appropriate
decision in accordance with law and rules, keeping in view that the
concurrence have already been given by the Jharkhand Public Service
Commission within a period of six weeks from the date of
receipt/production of a copy of this order.
(R.R.Prasad, J.)
ND/