IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13885 of 2006 1. Chandradeo Yadav, son of late Ranju Singh, resident of Jhauri Bigha, P.S. Daudnagar, District Aurangabad 2. Parmeshwar Ram, son of late Durga Ram, resident of village Nima, P.S. Daudnagar, District Aurangabad 3. Bhuneshwar Yadav, son of Sita Ram Yadav, resident of village Tarari, P.S. Daudnagar, District Aurangabad 4. Surajdeo Yadav, son of late Dasai Yadav, resident of village Nima, P.S. Daudnagar, District Aurangabad … Petitioners Versus 1. The State Of Bihar through Director, Higher Education, Human Resources Development Deptt., New Secretariat, Bailey Road, Patna 2. Deputy Director Higher Education Human Resources Development Department, New Secretariat, Bailey Road, Patna 3. Vice Chancellor, Magadh University, Bodh Gaya 4. The Registrar, Magadh University, Bodh Gaya 5. The Principal, Daudnagar College, Daudnagar, District Aurangabad … Respondents ----------- 3. 6.7.2011 Having heard counsel for the parties and taking into consideration that even a space of 30 years has not been sufficient for deciding the case of the petitioners finally as with regard to their claim of absorption in the service of the University, this Court in view of the fact that the counter affidavit filed today also does not answer any of the contentious issue raised by the petitioners, would direct the University and its Vice Chancellor to take a firm decision in terms of section 4(1)(14) 2 of the Bihar State University Act 1976. It has to be kept in mind that before Daudnagar College, Daudnagar in the district of Aurangabad (hereinafter referred to as ‘the College’) became a constituent unit it was affiliated to the Magadh University. Such affiliated college had also a prescribed sanctioned strength of teaching and non-teaching employees. Thus, when the College became constituent in the 3rd phase in the year 1980-81 it were only these posts as sanctioned for the affiliated college against which absorption of teaching and non-teaching employees appointed in the prescribed manner and having requisite qualification was possible. It appears that the matter relating to absorption was gone into by a three men Committee followed by a nine men Committee but no final order was passed as with regard to the petitioners and they had been only informed that their absorption was not possible because they were working against surplus post. The case of the petitioners, however, is that similarly situated persons who in fact were appointed in the affiliated 3 college after the petitioners were either retained or reappointed under the orders of the Vice Chancellor with the facility of payment of salary and as such, the petitioners stood discriminated. These specific allegations made in the writ application have not been controverted in the counter affidavit filed today by the learned counsel for the University. The persons against whom the allegation of discrimination has been made by the petitioners have also not been impleaded as party to this writ application, inasmuch as the petitioners do not want their removal from service. The University, however, cannot absorb all the persons who were said to be working in the college at the time of its being made constituent but at the same time the University has to also adopt a fair and uniform criteria for all such employees. In that view of the matter, this Court would give liberty to the petitioners to file their individual self contained representation alongwith the documentary evidence, if any, whereafter the Vice 4 Chancellor of the University having regard to the past history of the college will pass a reasoned order in respect of all the petitioners who would file their representations. This Court would make it clear that it has not gone into the merits of the claim of the petitioners but it has simply remitted the matter back to the University and its Vice Chancellor for giving the finality on the issue of absorption of service of the college in question which was made constituent unit some 30 years back. Such exercise by the University therefore must 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/