IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3826 of 2010
Dr. Vishundeva Prasad Vidhyarthi, S/o-Late Balebhadra Prasad Yadav,
Resident of Mohalla-Naya Tola Madhupur, P.S.-Bhakhityarpur, District-
Patna, presently working as Principal, Kisan College, Sohsarai, Nalanda,
under Magadh University, Bodh Gaya. -Petitioner.
VERSUS
1.
The State of Bihar through Mr. Anjani Kr. Singh, the Principal
Secretary, Human Resource Development Department (Higher
Education), Government of Bihar, Patna.
2. Mr. K.K. Pathak, the Secretary, Human Resource Development
Department (Higher Education), Government of Bihar, Patna.
3. The Magadh University through Dr. D.K. Yadav, the Registrar, Magadh
University, Bodh Gaya.
4. Dr. Arbind Kumar, the Vice-Chancellor, Magadh University, Bodh
Gaya.
5. Dr. D.K. Yadav, the Registrar, Magadh University, Bodh Gaya.
-Opposite Parties.
WITH
MJC No.3753 of 2010
Sheo Shankar Prasad Singh, Son of Late Rajendra Prasad Singh, the
Principal, Maharaja College, Arra and resident of Principal‟s Quarter,
Maharaja College Campus, Arra, P.O.&P.S.-Nawada, District-Bhojpur
(Arra). -Petitioner.
VERSUS
1. The State of Bihar through its Chief Secretary, Patna.
2. Sri Anjani Kumar Singh, father‟s name not known to petitioner, at
present Principal Secretary, Human Resources Development
Department, Government of Bihar, Patna.
3. Sri K. K. Pathak, fathers name not known to the petitioner, at present
Secretary, Human Resources Development Department, Government of
Bihar, Patna.
4. Dr. Subhash Prasad Sinha, father‟s name not known to petitioner, at
present Vice-Chancellor, Veer Kunwar Singh University, Ara.
5. Dr. Brajesh Kumar, father‟s name not known to petitioner, at present
Registrar, Veer Kunwar Singh University, Ara. -Opposite Parties.
WITH
MJC No.3781 of 2010
Dr. Sunity Pandey, wife of Shri Ram Kumar Singh, resident of Club
Road, P.O.-Ramna, P.S.-Mithanpura, District-Muzaffarpur. -Petitioner.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
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5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur.
6. The University Grants Commission, Bahadur Shah Zafar Marg, New
Delhi. -Opposite Parties.
WITH
MJC No.3793 of 2010
Dr. Bharti S. Kumar, Wife of Prof. Santosh Kumar, resident of 5,
Professor‟s Quarter, Science College Campus, Patna University, P.S.-
Pirbahore, District-Patna. -Petitioner.
VERSUS
1. The State of Bihar Sri Anjani Kumar Singh, Principal Secretary, Human
Resources Development Department, Government of Bihar, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. Patna University, Patna through its Registrar, Dr. Manoj Kumar.
4. Prof. Shyam Lal, Vice Chancellor, Patna University, Patna.
5. Dr. Manoj Kumar, Registrar, Patna University, Patna.
WITH
MJC No.3794 of 2010
1. Dr. B.K. Pandey, son of Late Baljor Pandey, resident of Professor‟s
Colony, Saidpur, Rajendra Nagar, P.S.-Bahadurpur, District-Patna.
2. Jai Prakash Saha, Son of Late Shiboo Saha, resident of Shiv Durga Lan,
Mahendru, P.s.-Sulltanganj, District-Patna. -Petitioners.
VERSUS
1. The State of Bihar Sri Anjani Kumar Singh, Principal Secretary, Human
Resources Development Department, Government of Bihar, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. Patna University, Patna through its Registrar, Dr. Manoj Kumar.
4. Prof. Shyam Lal, Vice Chancellor, Patna University, Patna.
5. Dr. Manoj Kumar, Registrar, Patna University, Patna.
6. Dr. Rajkishore Prasad, Principal, B.N. College, Patna. -Opposite Parties.
WITH
MJC No.3795 of 2010
Dr. Ravi Verma, Son of Late B.S. Verma, resident of Village-Sobaiya,
Post-Kalyanpur, P.S.-Kalyanpur, District-Champaran (East). -Petitioner.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur. -Opposite Parties.
WITH
MJC No.3797 of 2010
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1. Dinesh Chandra Baluni, Son of Late Durga Prasad Baluni, resident of
Badrinath Bhawan, At-Atardah, P.O.-Ramna, P.S.-Sadar, District-
Muzaffarpur.
2. Arun Kumar Thakur, Son of Late Ram Baleshwar Thakur, resident of
At-Harishankar Maniari, P.S.-Silout, District-Muzaffarpur.
3. Dr. Krishna Mohan, Son of Late Jagadish Sharan, resident of “Titiksha”,
opposite Reliance Petrol Pump, Kalambagh Road, P.S.-Kazi
Muhammadpur, District-Muzaffarpur.
4. Dr. Ram Pukar Vidyarthi, Son of Late Chhathu Mahto, resident of
Amgola, Paraw Pokhar, Lane No.2, Beside Temple, P.O.-Ramna, P.S.-
Kazi Muhammadpur, District-Muzaffarpur. -Petitioners.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur.
6. The University Grants Commission, Bahadur Shah Zafar Marg, New
Delhi. -Opposite Parties.
WITH
MJC No.3799 of 2010
1. Prof. Krishna Kant Jha, Son of Late Sahdeo Jha, resident of Village-
Kusahar (Tulsipatty), P.O.-Balua Bazar, P.s.-Balua Bazar, District-
Supaul.
2. Dr. Birendra Prasad Singh, Son of Late Deo Nandan Prasad Singh,
resident of Village-Pandarak, Post-Pandarak, District-Patna.
3. Dr. Murari Sharan, Son of Late Vishnu Dayal, resident of Back of RD
Palace, Ward No.-20, District-Sitamarhi.
4. Prof. Binod Prasad Sinha, Son of Late Shiva Shankar Prasad Sinha,
resident of “Sinha Sadan”, Ward No.5, P.S.-Dumra, District-Sitamarhi.
5. Dr. Bhairab Mishra, Son of Late Chaturbhuj Mishra, resident of Jai
Prakash Path, Rajopatti, P.S.-Sitamarhi, District-Sitamarhi.
6. Prof. Sachidanand Prasad Singh, Son of Late Binod Prasad Singh,
resident of Village-Karhari, P.O.-Bhagwanpur, P.S.-Bhagawanpur,
Distrrict-Vaishali. -Petitioners.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
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5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur.
6. The University Grants Commission, Bahadur Shah Zafar Marg, New
Delhi. -Opposite Parties.
WITH
MJC NO.3813 OF 2010
Dr. Ramjee Prasad Bhagat, Son of Late Kunja Bhagat, resident of Co-
Operative Colony, Ashok Nagar, Bhat Bigha, P.O.& P.S.-Rampur,
District-Gaya. -Petitioner.
VERSUS
1. The State of Bihar through Mr. Anjani Kr. Singh, the Principal
Secretary, Human Resource Development Department (Higher
Education), Government of Bihar, Patna.
2. Mr. K.K. Pathak, the Secretary, Human Resource Development
Department (Higher Education), Government of Bihar, Patna.
3. The Magadh University through Dr. D.K. Yadav, the Registrar, Magadh
University, Bodh Gaya.
4. Dr. Arbind Kumar, the Vice-Chancellor, Magadh University, Bodh
Gaya.
5. Dr. D.K. Yadav, the Registrar, Magadh University, Bodh Gaya.
6. Dr. Arjun Prasad Singh, fathers name not known to Petitioner, at present
Principal, Anugrah Memorial College, Gaya. -Opposite Parties.
WITH
MJC No.3744 of 2010
Dr.Lal Mohan Jha, Son of Late Maha Kant Jha, resident of Mohalla-
Belagarden, P.S.-L.N.M.U., District-Darbhanga. -Petitioner.
VERSUS
1. The State of Bihar.
2. Sri Anjani Kumar Singh, father‟s name not known to petitioner, at
present Principal Secretary, Human Resources Development
Department, Government of Bihar, Patna.
3. Mr. K.K. Pathak, the Secretary, Human Resource Development
Department (Higher Education), Government of Bihar, Patna.
4. Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga through
its Registrar, Dr. Bimal Kumar.
5. Dr. Bimal Kumar, presently posted as Registrar, Lalit Narayan Mithila
University, Kameshwarnagar, Darbhanga. -Opposite Parties.
WITH
MJC No.3815 of 2010
Dr. Syed Shamim Ahmad, Son of Syed Naeem Ahmad, resident of
„Gosha-e-Barvi‟, Mohalla-Chakrahmt, P.S.-Laheriasarai, District-
Darbhanga. -Petitioner.
VERSUS
1. The State of Bihar.
2. Sri Anjani Kumar Singh, father‟s name not known to petitioner, at
present Principal Secretary, Human Resources Development
Department, Government of Bihar, Patna.
3. Mr. K.K. Pathak, the Secretary, Human Resource Development
Department (Higher Education), Government of Bihar, Patna.
4. Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga through
its Registrar, Dr. Bimal Kumar.
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5. Dr. S.P. Singh, presently posted as Vice-Chancellor, Lalit Narayan
Mithila University, Kameshwarnagar, Darbhanga.
6. Dr. Bimal Kumar, presently posted as Registrar, Lalit Narayan Mithila
University, Kameshwarnagar, Darbhanga. -Opposite Parties.
WITH
MJC No.3941 of 2010
Dr. Umesh Chandra Singh, son of Late Brinda Prasad Singh, resident of
Azad Colony, Maripur, P.S.-Kazi Mohhamadpur, District-Muzaffarpur.
-Petitioner.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur. -Opposite Parties.
WITH
MJC No.3942 of 2010
1. Abdul Jabbar Ali, son of Sheikh Nakchhedi Ali, resident of New Colony,
Dharampur, P.S.-Samastipur, District-Samastipur.
2. Ramashish Prasad Mahto, Son of Late Ram Bali Mahto, resident of Near
M.S.K.G. College, Kasipur, P.S.-Samastipur, District-Samastirput.
3. Dr. Ramji Mahto, Son of Late Ramghulam Mahto, resident of Muhalla-
Dhabi, Near Bharat Das Mandir, At+P.O.-Rosera, District-Samastipur.
4. Dr. Raj Kishore Prasad, Son of Late Nagina Prasad, resident of At+P.O.-
Samastipur, East of Bhola Talkies, Muhalla-Dharampur, P.S.-
Samastirpur, District-Samastipur.
5. Raghunandan Prasad Singh, Son of Late Ram Yesh Singh, resident of
Ward No.13, Kasipur, P.S.-Samastipur, District-Samastipur.
-Petitioners.
VERSUS
1. The State of Bihar through Sri Anjani Kumar Singh, Principal Secretary,
Human Resources Development Department, Government of Bihar,
Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar, Dr.
Vibhash Kumar Yadav.
4. Dr. Rajdeo Singh, Vice Chancellor, B.R. Ambedkar Bihar University,
Muzaffarpur.
5. Dr. Vibhas Kuamr Yadav, Registrar, B.R. Ambedkar Bihar University,
Muzaffarpur.
6. The University Grants Commission, Bahadur Shah Zafar Marg, New
Delhi. -Opposite Parties.
WITH
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MJC No.3973 of 2010
1. Sita Ram Singh, Son of Late Mani Ram Singh, resident of Lohiya
Nagar, P.S.-Begusarai, District-Begusarai, Reader in the Department of
Hindi, Co-operative College, Begusarai.
2. Suresh Prasad Singh, son o f Brahmdeo Prasad Singh, resident of
Mohalla-Pokharia, P.S.-Begusarai, District-Begusarai, Reader in the
Department of Physics, R.C.S. College, Manjhaul, District-Begusarai.
-Petitioners.
VERSUS
1. The State of Bihar.
2. Sri Anjani Kumar Singh, father‟s name not known to petitioner, at
present Principal Secretary, Human Resources Development
Department, Government of Bihar, Patna.
3. Dr. S.P. Singh, presently posted as Vice-Chancellor, Lalit Narayan
Mithila University, Kameshwarnagar, Darbhanga.
4. Dr. Bimal Kumar, presently posted as Registrar, Lalit Narayan Mithila
University, Kameshwarnagar, Darbhanga. -Opposite Parties.
WITH
MJC No.3872 of 2010
Dr. Surendra Prasad Rai, Son of Late Ganga Vishnu Rai, resident of
Shivpuri, Katira, P.S.-Nawada Ara, District-Bhojpur. -Petitioner.
VERSUS
1. The State of Bihar through its Chief Secretary, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. Veer Kunwar Singh University, Ara through its Registrar, Dr. Brajesh
Kumar.
4. Dr. Subhash Prasad Sinha, Vice-Chancellor, Veer Kunwar Singh
University, Ara.
5. Dr. Brajesh Kumar, Registrar, Veer Kunwar Singh University, Ara.
6. Dr. K.P. Sinha, Principal, S.B. College, Ara. -Opposite Parties.
WITH
MJC No.4064 of 2010
Md. Saghiruddin, Son of Late Ekbal Hussain, resident of Kagzi Mohalla,
P.S.-Siwan Town, District-Siwan. -Petitioner.
VERSUS
1. The State of Bihar through Shri Anjani Kumar singh, Principal Secretary,
Human Resource Development Department, Bihar, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. J.P. University, Chapra through its Registrar, Dr. Vijay Prakash.
4. Dr. Ram Pravesh Sharma, Vice Chancellor, J.P. University, Chapra.
5. Dr. Vijay Prakash, Registrar, J.P. University, Chapra. -Opposite Parties.
WITH
MJC No.4065 of 2010
1. Umesh Chandra Mishra, Son of Late Kamla Nand Mishra, resident of
Srinagar, P.S.-Siwan Mufassil, District-Siwan.
2. Narhari Sharma, Son of Late Ram Nagina Rai, resident of Ram Deo
Nagar, Mahadeva, P.S.-Mahadeva, District-Siwan. -Petitioners.
VERSUS
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1. The State of Bihar through Shri Anjani Kumar singh, Principal Secretary,
Human Resource Development Department, Bihar, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. J.P. University, Chapra through its Registrar, Dr. Vijay Prakash.
4. Dr. Ram Pravesh Sharma, Vice Chancellor, J.P. University, Chapra.
5. Dr. Vijay Prakash, Registrar, J.P. University, Chapra. -Opposite Parties.
WITH
MJC No.4080 of 2010
1. Md.Rizwanul Haque, Son of late Md. Shafi, resident of At+P.O.-Chainpur,
P.s.-Mahalgaon, District-Araria.
2. Dr. Bhagwan Das Pandit, Son of Late Sitabi Pandit, resident of Gram
Ramganj, Post-Sansarpur, P.S.-Moffasil (Khagria) District-Khagaria.
3. Dr. Balram Bhagat, Son of Late Srikrishna Bhagat, resident of Vinodpur,
P.O.-Katihar, P.S.-Katihar, District-Katihar. -Petitioners.
VERSUS
1. The State of Bihar through Shri Anjani Kumar singh, Principal Secretary,
Human Resource Development Department, Bihar, Patna.
2. Sri K. K. Pathak, Secretary, Human Resources Development Department,
Government of Bihar, Patna.
3. B.N. Mandal University, Madhepura through its Registrar, Dr. K.P. Singh.
4. Dr. R.P. Srivastava, Vice Chancellor, B.N. Mandal University, Madhepura.
5. Dr. K.P. Singh, Registrar, B.N. Mandal University, Madhepura.
-Opposite Parties.
WITH
MJC No.4196 of 2010
1. Dr. Bhrigunandan Prasad Singh, Son of Late Sahdeo Prasad Singh, resident
of Lal Kothi, P.S.-Tatarpur, Town&District-Bhagalpur.
2. Dr. Shrivastav, wife of Dr. Binay Sharan, resident of 103 Niromani Palace,
Jhana Kothi, Khanjapur, P.S.-Barari, Town and District-Bhagalpur.
3. Dr. Ajay Kuamr Sarraf, Son of Late Purushottam lal Sarraf, resident of
Mohalla-Chunihari Tola, P.S.-Kotwali, Town and District-Bhagalpur.
4. Shaukat Parwin, wife of Late Dr. Naseem Ahmad, C/o-Md. S.M. Sajid,
resident of Gumti No.3, Bhikhanpur, P.S.-Ishakchak, Town & District-
Bhagalpur.
5. Prof. Prabhash Prasad Verma, Son of Late S.R. Prasad Verma, resident of
Shastri Nagar behind Bus Depot, P.S.-Kasim Bazar, Town & District-
Munger. -Petitioners.
VERSUS
1. The Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar,
namely, Mr. Rajeev Kumar Sinha.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur, namely, Dr.
K.N. Dubey.
3. The Pro vice Chancellor, T.M. Bhagalpur University, Bhagalpur, namely,
Dr. Dhrub Kumar.
4. The Head, P.G. Department of Physics, T.M. Bhagalpur University,
Bhagalpur, namely, Dr. Bijay Kumar Singh.
5. The Principal, S.M. College, Bhagalpur, namely, Dr. Nisha Roay.
6. The Head, P.G. Department of Commercie, T.M. Bhagalpur University,
Bhagalpur, namely, Dr. R.K. Sinha.
7. The Principal, R.d. & D.J. College, Munger, namely, Dr. R.C.P. Verma.
-8-
8. The Principal Secretary, Department of Human Resources Development
Department, Government of Bihar, New Secretariat, Patna, namely, Mr.
A.K. Singh, IAS.
9. The Director, Department of Higher Education, Government of Bihar, New
Secretariat, Patna, namely, Mr. J.P. Singh. -Opposite Parties.
———–
07 12.10.2010 Except for Patna University and Magadh University all
other Universities of Bihar have filed their respective show cause in
spite of the fact that all Universities have close for Durga Puja
vacation. In so far as show causes as filed are concerned, except for
B.N. Mandal University, all other Universities have aggrieved to
implement and abide the judgment of this Court with regard to age of
superannuation of teaching employees. Some have expressed some
reservation with regard to payment of remuneration.
I see no ground to exempt them in that regard for a very
simple reason, as noted earlier, the learned Additional Advocate
General-III informed this Court that State had filed several Letters
Patent Appeals against the judgment of this Court but was not in a
position to give number as the some have yet to be reported and
cleared for listing. All orders of Universities permitting the teachers to
continue and making payment of them would naturally be subject to
whatever orders that are passed in Letters Patent Appeals. Therefore,
so long as the orders are passed in Letters Patent Appeals, the
judgment of this Court has to be implemented and obeyed in letter and
spirit and, thus, the judgment of this Court cannot be left at the mercy
of the State Government. The Universities teachers, who were made
to retire notwithstanding the judgment of this Court, would have to be
reinstated with full continuity and would be entitled to full payments
-9-
without waiting clarification from the State Government.
So far as B.N. Mandal University is concerned, I must
note the belligerent attitude of the University. By the counter
affidavit, which has been filed to its counsel, attempt has been made to
remind this Court or teach this Court what the law should. It is
pleaded that the Bihar State Universities Act has been amended by
amending Act of the year 2010 and the purported amending Act is
annexed, which is, in fact, noting but a bill. Learned counsel admits
that the bill is yet to be accented to by the Governor, it is not yet an
Act. On this farcical reasoning, as certified by the counsel for the
B.N. Mandal University, it is contended that the judgment of this
Court cannot be implemented. This on the face of it is gross contempt.
Such a stand was not expected of the University much less certified by
the learned counsel for the University, who is supposed to be
acquainted with law and legal position.
Learned counsel for the B.N. Mandal University
realizing the mistaken stand of the University then fairly states that the
show cause, as filed by the B.N. Mandal University, be permitted to be
withdrawn. Having filed the same, I cannot do so, it is rejected as
being misconceived. It is now expected that B.N. Mandal University
would restore status quo, as existing on 30th June, 2010, in respect of
the teaching staff and maintained the same in all respect without
waiting any clarification from the State Government, subject to orders
that may be passed by the Court in Letters Patent Appeals.
In so far as Patna University and Magadh University
– 10 –
are concerned, which have gone on Puja Holiday, learned counsel for
the two Universities assured this Court that they would maintain status
quo, as existing on 30th June, 2010, in respect of teaching employees
both in regard to their continuity and payment of salary.
Learned counsel for one of the petitioners in respect of
Magadh University points out that so far as teaching staff is
concerned, though some of them have been taken back but while
others are being paid their salary, they are not being paid their salary
on the ground that the State Government has not clarified the situation.
In case of Patna University, it is pointed out that in some cases (other
than the writ petitioners) salaries were made and on orders of the
University taken out on their account.
All I can observe is that the University and the Bank‟s
conduct in dealing with account holders could be questioned as not
only illegal, unethical and impermissible attracting both civil and
criminal liability.
Be that as it may, learned for this University also
undertakes on behalf of the University that status quo, as obtaining on
30th June, 2010, would be maintained in all respects, subject to orders
that may be passed in Letters Patent Appeals, if any.
In view of the aforesaid facts, the position is that now
all Universities without exception accept to restore status quo, as
obtaining on 30th June, 2010, in all respects including payment of
salary without waiting any further clarification from the State
Government or without any sanction of the State Government, as
– 11 –
judgment of this Court is not subject to the wishes of the State
Government. The only exception being the order from the superior
Court that may be passed in the Letters Patent Appeals.
With these observations and directions, all the
applications are disposed of.
Trivedi/ (Navaniti Prasad Singh, J.)