IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5314 of 2010 1. ATRI NANDAN ATREY S/O SRI RAI JAMUNA PRASAD ATREY, R/O VILLAGE- POHIYA , P.O - BAISHMARA, DISTRICT -SARAN 2. RAJENDRA PRASAD S/O LATE BUDHAN PRASAD R/O VILLAGE - BASATPUR, P.O - SOBHEPUR, P.S - BHELDI , DISTRICT - SARAN 3. ANIL KUMAR S/O SRI RAJENDRA NATH BHAKTA R/O VILLAGE - RASULPUR, P.O - RASULPUR, P.S. - AMNAUR, DISTRICT - SARAN. 4. RAJ KESHWAR PRASAD S/O LATE RUGAN PRASAD R/O VILLAGE - NEHRU CHOWK , P.S - CHAPRA TOWN, DISTRICT - SARAN 5. BINOD KUMAR SINGH S/O LATE RAJ BALI SINGH R/O VILLAGE- BANGRA, P.S - MASHRAKH , DISTRICT - SARAN. 6. ANITA KUMARI D/O LATE RAM LAGAN RAI. R/O VILLAGE - GOPALPUR, P.O. - MASTI CHAK, P.S - DARIYAPUR , DISTRICT - SARAN. 7. DHRUV KUMAR DAS S/O LATE RAM PRASAD DAS R/O VILLAGE - LAKHANA , P.O - APHAR, P.S - AMNAUR, DISTRICT - SARAN. 8. LAL BABU RAY S/O LATE MITHU RAY R/O VILLAGE - RAMPUR BATHANI, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. 9. BIDHAN RAY S/O LATE SHEO PRASAD RAY, R/O VILLAGE - LAKHANA , P.O - DHARHARA, P.S - AMNAUR, DISTRICT - SARAN. 10. SURMILA KUMARI W/O SHRI DINESHWAR PRASAD SINGH R/O VILLAGE - DAKHHIN KADNA, P.O. - MAHMADPUR, P.S - GARKHA, DISTRICT - SARAN. 11. JAIPAL PRASAD S/O LATE BANARSI RAY R/O VILLAGE - LAKHANA , P.O - DHARHARA, P.S - AMNAUR, DISTRICT - SARAN. 12. DHARMVEER RAY S/O SRI POLICE RAY R/O VILLAGE - LAKHANA , P.O - DHARHARA, P.S - AMNAUR, DISTRICT - SARAN. 13. VINOD KUMAR SINGH S/O SRI JAGDISH SINGH R/O VILLAGE - SARAGATTI, P.O - GARKHA, P.S - GARKHA, DISTRICT - SARAN. 14. JAI NARAYAN PRASAD RAY S/O SRI RAM CHANDRA RAY R/O VILLAGE - PATHRA, P.O - RASIDPUR, P.S - GARKHA, DISTRICT - SARAN. 15. GOVIND SHARAN MISHRA S/O LATE PANCHAM MISHRA, R/O VILLAGE - UMARPUR, P.O - PAIGA, P.S - BHELDI , DISTRICT - SARAN. 16. MAHESHWAR PRASAD RAY S/O SRI TEKAN RAY R/O VILLAGE - RUSTAMPUR , P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. - 2 - 17. RAJENDRA RAM, S/O LATE RAM SAGAR RAM, R/O VILLAGE - RAGHUPUR, P.O - MAHMADPUR, P.S - GARKHA, DISTRICT - SARAN. 18. SATYENDRA RAY S/O SRI BAHADUR RAY R/O VILLAGE - JHARUTOLA RAMPUR, P.O -RAMPUR, P.S - GARKHA, DISTRICT - SARAN. 19. SANJAY KUMAR S/O SRI VOKIL RAY, R/O VILLAGE - RUSHTAMPUR, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. 20. RAM LAKHAN SAH S/O LATE NAGINA SAH R/O VILLAGE - RAGHUPUR, P.O - MAHMADPUR, P.S - GARKHA, DISTRICT - SARAN. 21. SURENDRA MANJHI S/O SRI SHATRUGHAN MANJHI R/O VILLAGE- KUDARBADHA , P.O - KUDARBADHA, P.S - GARKHA, DISTRICT- SARAN. 22. SHAMBHU RAY S/O LATE AGINDEO RAY R/O VILLAGE - ALONI , P.O - GARKHA, P.S - GARKHA, DISTRICT - SARAN. 23. SATYENDRA KUMAR S/O LATE TIPAN RAI R/O VILLAGE - ALONI , P.O - GARKHA, P.S - GARKHA, DISTRICT - SARAN. 24. UMESH KUMAR YADAV S/O SRI BRIJ LAL RAY, R/O VILLAGE - ALONI , P.O - GARKHA, P.S - GARKHA, DISTRICT - SARAN. 25. RAJESH KUMAR S/O SRI VOKIL RAI R/O VILLAGE - RUSHTAMPUR, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. 26. BHISHM PRASAD, S/O DHRAMNATH RAY, R/O VILLAGE - RUSHTAMPUR, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. 27. POLICE RAI S/O LATE BASKIT RAY R/O VILLAGE - KHAKIBABA KA TOLA RAMPUR, P.O - MAHAMADPUR , P.S - GARKHA, DISTRICT - SARAN. 28. KRISHNA PRASAD S/O LATE DHRAMNATH PRASAD R/O VILLAGE - PATHRA, P.O - RASIDPUR, P.S - GARKHA, DISTRICT - SARAN. 29. SHATRUDHAN PRASAD S/O SRI RAM CHANDRA SAH R/O VILLAGE - ALONI , P.O - GARKHA, P.S - GARKHA, DISTRICT - SARAN. 30. NAGESWAR MISHRA S/O JANARDAN MISHRA R/O VILLAGE - LAKHANA , P.O - DHARHARA, P.S - AMNOUR, DISTRICT - SARAN. 31. ASHOK KUMAR S/O SRI RAJENDRA NATH BHAKTA R/O VILLAGE - RASULPUR, P.O - RASULPUR, P.S. - AMNOUR, DISTRICT - SARAN. 32. NEELAM KUMARI D/O SHRI BHAGELU SINGH R/O VILLAGE - BASDIH, P.O - MADARPUR, P.S - VELDI, DISTRICT - SARAN. 33. RENU KUMARI W/O SHRI SHYAM BABU SINGH R/O VILLAGE - ISHMAILPUR, GADHWAR TOLA, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. - 3 - 34. MAHAMAYA PRASAD SINGH S/O SRI SHIV KUMAR SINGH R/O VILLAGE - ISHMAILPUR, P.O - RAMPUR, P.S - GARKHA, DISTRICT - SARAN. VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY HIGHER EDUCATION DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. PRINCIPAL SECRETARY ,HIGHER EDUCATION DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. JAI PRAKASH UNIVERSITY THROUGH ITS VICE CHANCELLOR, DAK BUNGLOW ROAD, CHAPRA 4. VICE CHANCELLOR, JAI PRAKASH UNIVERSITY, DAK BUNGLOW ROAD, CHAPRA 5. THE REGISTRAR, JAI PRAKASH UNIVERSITY, DAK BUNGLOW ROAD, CHAPRA 6. THE SECRETARY, ADHOC COMMITTEE (GOVERNING BODY) OF THE DEVRAHA BABA SRIDHAR DAS DEGREE MAHAVIDYALAYA DULY CONSTITUTED BY THE VICE CHANCELLOR, JAI PRAKASH UNIVERSITY, DAK BUNGLOW ROAD, CHAPRA 7. SRI ARJUN PRASAD YADAV, S/O LATE HIRA LAL RAI, R/O VILLAGE - MOHARAMPUR GARKHA , DISTRICT - SARAN. ----------- Counsel for the Petitioners : Mr. Y.V. Giri, Sr. Adv. Mr. Sanjeev Kumar, Adv. Counsel for the University : Mr. Shivendra Kishore, Adv. Counsel for the private-respondents: Mr. Rajendra Pd. Singh, Sr.Adv. Mr. Tej Bahadur Singh, Sr. Adv. Counsel for the State : Mr. Kinkar Kumar, AC to GP-21. ------------ 06 30.08.2010 By this writ application, the petitioners have challenged the action taken by the College, namely, Devraha Baba Sridhar Das Degree Mahavidyalaya (hereinafter referred to as the College), Rampur (Kadna), Garkha, Saran whereby their services had been allegedly wrongly terminated. The reason for making grievance is that the College having been established, it received affiliation from the year 1993. The College having received affiliation, it naturally had - 4 - teachers, but for reasons best known there were no sanctioned posts for teachers or for that matter even the Principal. This ultimately came about in the year 2008. What University did for a decade and a half, what State did for decade and half, is anyone guess. Teaching continued, teachers were there, the College was being run, better late the never, in 2008 posts were sanctioned. Consequent to the posts being sanctioned, the entire teaching and non-teaching staffs were dismissed. Fresh advertisement was issued and teachers and non- teaching staff freshly then appointed against the sanctioned posts. Petitioners are sufferers of this dismissal order. Now, the State Government decided to give grants on academic achievements and performance of the College. Petitioners’ grievance is that having come to know of these grants coming, the Managing Committee did all the above. They tried to deprive the petitioners and confer benefits of freshly recruited teachers and non- teaching staff, effectively ignoring the cause of people who have worked for 15 years without payment. Upon these facts, this Court entrusted the enquiry to the Vice-Chancellor of the University to which petitioners’ College was affiliated, being J.P. University, Chapra. Petitioners were noticed by the Vice-Chancellor to submit papers. Petitioners submitted his paper and Vice-Chancellor today has filed report. In the order of this Court, it was clearly mentioned that the Vice-Chancellor would conduct a thorough enquiry in the matter and give a finding, after hearing all the parties in regard to the validity or otherwise of termination of the services, both teaching and non- - 5 - teaching. The Vice-Chancellor has referred to those aspects of the matter. Mr. Shivendra Kishore, learned counsel for the University points out that so far as termination of petitioners are concerned, they had earlier challenged it and filed a writ petition before this Court, which was withdrawn to move before the Chancellor and Lok Ayukta and several writ petitions were thus withdrawn. Mr. Y.V. Giri, learned Senior Counsel appearing for the petitioners states that neither the Chancellor nor the Lok Ayukta is proceeding with the matter and, therefore, they had come to this Court with the present cause of action. The Vice-Chancellor has given a finding with regard to the status of the petitioners. Let a report of the Vice-Chancellor be served on the petitioners, who would take proper steps in accordance with advice given to them in respect thereof in accordance with law. These proceedings are closed with the report of the Vice-Chancellor and the stay granted as against payment of teachers and non-teaching staff of the College is vacated. The writ petition is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.)