IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1303 of 2004 SHASHI NATH JHA & 24 ORS Versus THE STATE OF BIHAR & ORS ----------- 6 7.2.2011 Petitioners 1 to 22 are non-teaching staff of Jagannath Mishra Institute of Technology, Darbhanga whereas petitioners 23 to 25 are employees of Indian College of Engineering, Motihari. These two colleges were taken over by the State of Bihar. Under the Act promulgated for taking over of the colleges, there is a provision to screen the cases of teaching and non-teaching employees for the purpose of considering whether they had the requisite qualifications to be absorbed in the colleges aforesaid? The screening committee apparently submitted a report finding some persons unfit whereas others were found duly qualified. The screening committee submitted its report. The other non-teaching employees of the colleges aforesaid filed writ petitions before this court. The writ petitions of some of the petitioners were allowed whereas cases of some were dismissed. The petitioners too filed a writ petition in the year 1996-97 which was dismissed in 2000. The letters patent appeal was also dismissed. However, in the S.L.P. filed on behalf of the petitioners the apex court held that the petitioners should be given the same relief as given to other non- teaching employees inasmuch as they should be given an opportunity of personal hearing as provided under sub-section (3) of section 5 of the Act. After that notification was issued rejecting the claim of the petitioners. Some of the persons aggrieved filed 2 CWJC No. 10788/2003 which has been disposed of by this court on 30.11.2010 by a comprehensive judgment considering all aspect of the matter. This order has also been followed in CWJC No. 725/2004 disposed of on 19.1.2011. At present, the State counsel is not in a position to inform this court as to whether the petitioners’ case would be covered by the judgment aforesaid. Therefore, it would be incumbent on the State Government, namely, the Principal Secretary – cum Dire3ctor, Science & Technology Department, Bihar, Patna to consider whether the petitioners’ case is covered by the judgment aforesaid. In view of the aforesaid facts the petitioners may bring this order to the notice of the Principal Secretary within a period of eight weeks from the date of receipt of a copy of this order. The petitioners would also be required to file a representation with respect to their claims along with a copy of this order. The Principal Secretary will examine the case in the light of the judgment of this court aforesaid within a period of four months on receipt of the order of this court and the representation from each of the individual petitioners who are before this court. This writ petition stands disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)