IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13411 of 2005
SANJAY KUMAR & ORS
Versus
THE STATE OF BIHAR & ORS
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09 25.04.2011 It is a tragedy how statutory authority like the
University and the State abdicate their authority in the manner. L.N.
Mithila University was bifurcated and a new University known as
B.N. Mandal University was created. With a creation of the new
University, as is usual, the State did not sanction all the requisite posts,
even though as per staffing pattern those posts should have been there.
The University also slept, the State ignored its responsibility. It is not
in dispute that the Officers with whom we are concerned, their posts
were sanctioned in the L.N. Mithila University, but upon creation of
the new University, though these posts fell within the staffing pattern,
they were not sanctioned. The work of the University was being
seriously hampered. It is also not in dispute that noticing these facts
the Vice-Chancellor made the appointment, inter alia, of the three
petitioners. The matter was then considered by the Syndicate of the
University in its meeting as far back as on 23.09.1995 and it noticed
the position and directed the University to get the posts sanctioned.
Everyone slept. Petitioners were then dismissed on the ground that
they were working on unsanctioned posts. There were several rounds
of litigations and ultimately this Court directed them to prefer a
statutory appeal before the Hon’ble Chancellor. Before the Hon’ble
Chancellor they clearly raised the plea that as per the staffing pattern
the posts should be deemed to be sanctioned. This was obviously with
the Full Bench judgment of this Court in the case of Braj Kishore
-2-
Singh Vs. the State of Bihar and others since reported in 1997(1)
PLJR 509 though, the Hon’ble Chancellor did not permit their
continuance. The Chancellor directed the University to get the posts
sanctioned from the State considering the humanitarian grounds as
well. As is usual, the University brushed the real issue under the
carpet which was to get formal sanction of posts, which were deemed
sanctioned as per staffing pattern and, sought sanction only on
humanitarian grounds, which after 10 years the State has rejected by
one line order that posts cannot be sanctioned on humanitarian
grounds, even though, the facts that the posts were available as per
staffing pattern and would be deemed sanctioned as subsequently
there.
In the writ petition, as would clearly come out with the
order of the Hon’ble Chancellor itself the University has chosen to
maintain golden silence in this regard. State has also ignored the said
fact. Apparently, as it is most inconvenient to both the State and the
University to answer the same. In order to do complete justice
between the parties, I direct the University and the State to consider
this aspect of the matter and file appropriate counter affidavits within
two weeks from today. The affidavit has to be sworn by the
Chancellor of the University and Secretary, Higher Education
Department, Government of Bihar, Patna.
Put up this case under the same heading retaining its
position on 09th May, 2011.
Trivedi/ (Navaniti Prasad Singh, J.)