High Court Patna High Court - Orders

Dr. Ravi Verma vs The State Of Bihar &Amp; Ors. on 15 September, 2010

Patna High Court – Orders
Dr. Ravi Verma vs The State Of Bihar &Amp; Ors. on 15 September, 2010
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