IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8414 of 2005 RAM PUKAR SINGH, son of Ram Ishwar Singh, resident of village Madhopur, P.S. Bakhtiarpur, District Patna … Petitioner Versus 1. MAGADH UNIVERSITY, Bodh Gaya through its Registrar 2. The Vice Chancellor Magadh University, Bodh Gaya 3. The Registrar, Magadh University, Bodh Gaya 4. The Principal, Ram Lakhan Singh Yadav Mahavidhalaya Bakhtiarpur, District Patna 5. The Commissioner cum Secretary, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna 6. The Joint Secretary, Department of Education, Govt. of Bihar, Patna 7. The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna … Respondents ----------- 9. 21.6.2011 Having heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner as also the counsel for the University and the State, this Court is of the considered opinion that the following prayer of the petitioner in this writ application: “I. Issuance of an order, direction or an appropriate declaration that the petitioner was/ is entitled for being absorbed in the services of the R.L.S.Yadav College, Bakhtiarpur of the Magadh University and consequent upon such declaration the respondent authorities may further be directed to absorb the services of the petitioner in the services of the 2 College in question of the Magadh University. II. Issuance of an order, direction or a writ in the nature of mandamus commanding the respondent authorities to ensure the payment of all the consequential benefits to the petitioner on absorbing his services in the College/ University in question. III. Issuance of an appropriate declaration that the action of the respondent authorities in not absorbing the services of the petitioner in the services of the College is highly illegal, arbitrary, malafide, malicious, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India. IV. Issuance of an order, direction or a writ in the nature of certiorari quashing Ref. No. 103/GIB dated 30.6.1997 (Annexure 22) whereby the respondent no.3 has ordered the respondent no.4 not to allow the petitioner and four others to discharge their respective duty in the college.” could have been made admissible to the petitioner if it could have been demonstrated that the petitioner is amongst 22 sanctioned post of Class III employees, 3 sanctioned by the State Government. The concept of section 35 of the Bihar State Universities Act and deep pervasive control of the State Government in the matter of grand of fund for payment of salary only against the sanctioned posts will make the University a helpless body in making payment of salary of such of the Class III employees of an affiliated College, made constituent, if the concerned employee is not found to be working against a sanctioned post. Mr. Jha, however, is correct that when the College in question, Ram Lakhan Singh Yadav College, Bakhtiarpur was made a constituent unit of the Magadh University in the year 1980-81, the University had recommended for a far greater number of sanction of Class III post for the College in question and the petitioner could be also covered under such recommended post but then at the end of the day it is the State Government which has to sanction posts and provide fund for payment of salary to the teaching and non-teaching employee working only sanctioned posts in the constituent 4 college. Thus, if the State Government had chosen to sanction only 22 Class-III post of clerk after examining the requisition made by the University as per staffing pattern and the petitioner could not be covered in those 22 post, probably he would not be entitled for payment of salary from the funds of the State Government. Having this difficulty in the way of the petitioner Mr. Jha would submit that he would like to assail the very order by which the State Government had sanctioned 22 Class III post for the College of the petitioner even when the requisition of the University with the recommendation of the Inspector of the Colleges was for 37 post of clerks based on the parameters of approvd staffing pattern. As the scope of this writ application for the purposes of relief sought in this writ application is wholly dependent on the admitted fact of the petitioner’s working against a sanctioned post, no useful purpose will be served now in expanding the scope of this writ application. 5 The petitioner in fact has also another grievance that even when the State Government has sanctioned only 22 Class III post of Class III employee, the University has absorbed much more persons on such Class III post who have also been paid their arrear and current salary. Based on this premise Mr. Jha learned counsel for the petitioner has submitted that it would be in the fitness of thing that the case of the petitioner is examined afresh by the University for finding out as to how the factum of 22 sanctioned Class-III posts of clerk would stand in the way of the petitioner depriving him payment of his salary when the persons similarly situated not covered within aforesaid 22 sanctioned Class-III posts of clerks are still being paid salary by the University from the funds made available by the State Government. Considering all these aspects this Court would give liberty to the petitioner to file a compact representation to the Vice Chancellor of the University who after examining all relevant aspects would pass a 6 speaking order on the issue of payment of salary of the petitioner. If the Vice Chancellor finds that no one beyond 22 sanctioned Class III post of clerks are being paid salary in the college of the petitioner but there is a possibility of creation and sanction of more number of Class-III posts of clerks in view of the approved staffing pattern of the State Government, he will make his fresh requisition and recommendation to the State Government for sanction of adequate number of Class III post. It is, however, made clear that the State Government will be free to take its own independent decision as with regard to sanction of Class-III posts of clerk strictly in accordance with its approved staffing pattern but its such decision will be open for judicial review of this Court either at the instance of the petitioner or anyone else who would find himself aggrieved by such decision of the State Government. Such exercise in this respect by the University and the State Government must 7 be completed within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/