IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11 of 2007 ==================================================== MOSHARRAF HAYAT KHAN, S/O- SHARIF KHAN, RESIDENT OF VILLAGE- SHAMASPUR, P.O. SHAMASPUR, P.S. BELAGANJ, DISTT. GAYA, AT PRESENT LECTURER IN THE DEPARTMENT OF URDU IN ALLAMA IQBAL COLLEGE, BIHARSHARIF, NALANDA :--PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, (HIGHER EDUCATION), GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY TO THE GOVERNMENT DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), GOVT OF BIHAR, PATNA. 4. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA. 5. THE MAGADH UNIVERSITY, BODH-GAYA THROUGH ITS REGISTRAR. 6. THE GOVERNING BODY OF ALLAMA IQBAL COLLEGE, BIHARSHARIF, NALANDA THROUGH ITS SECRETARY :--- RESPONDENTS. ==================================================== Appearance : For the Petitioner : Mr. ARUN KUMAR Mr. BIPIN KUMAR For the Respondents: Mr. P. LAXMI. For the University : MR. MRITUNJAY KUMAR, ADVOCATE. ==================================================== 2. 01.07.2011. Heard learned counsel for the petitioner and the State who has not filed any counter affidavit in the matter although the petition remained pending for admission for over four years with effect from the date of its filing i.e. 03.01.2007. 2. Petitioner is serving as a lecturer in Urdu in Allama Iqbal College, Biharsharif 2 (hereinafter referred to as the “College”) as he was appointed on the said post in the year 1991. Even today he is discharging the duties of lecturer in the said college. He has filed this writ petition asserting that governing body of the College created 3,2 posts of lecturer in Pali, Urdu discipline respectively. Creation of the aforesaid post was also approved by the State Government and communication of approval was made to the Secretary of the College under Memo No. 1445 dated 09.09.1998, Annexure-4. Aforesaid memo dated 09.09.1998 was cancelled under Memo No. 1452 dated 13.08.2001, Annexure-7 which was challenged by filing C.W.J.C.No. 12329 and 12506, both of 2001. This Court under orders dated 05.03.2002 set aside letter dated 13.08.2001, Annexure-7 giving further direction to reconsider the grant of approval to the posts created by the governing body of the College. In compliance of the order of the High Court dated 05.03.2002 the impugned letter no. 517 dated 30th March, 2005, Annexure-11 has been issued in which the sanctioned strength of the lecturer for Urdu and Pali discipline has been reduced from 3 to 2 3 and 2 to 1 respectively. 3. It is submitted on behalf of the petitioner that before passing the order dated 30th March, 2005, Annexure-11 neither the governing body of the College nor the lecturers who were to be affected by the reduction of the post were ever heard by the authorities of the Higher Education Department of the Government. It is further submitted that Smt. Saroj Kumari lecturer of Pali in the College who has suffered on account of reduction of post in discipline of Pali from 2 to 1 moved this Court in C.W.J.C. No. 2429 of 2007 which was disposed of under orders dated 01.04.2009 giving directions in her favour to make payment of arrears as also current salary to her. Later contempt petition bearing no. 2244 of 2009 was also filed by Saroj Kumari which is still pending. It is submitted on behalf of the petitioner that his case is also similar to that of Saroj Kumari as he has also served on the post of lecturer in Urdu discipline which was abolished under letter dated 30th March, 2005. 4. Having heard counsel for the petitioner and the State, I dispose of this writ 4 petition directing the petitioner to appear before the Secretary of the Higher Education Department and bring to his notice that by reduction of post of lecturer in Urdu in the College he is likely to suffer as for the period between 30th March 2005 till the date of superannuation of the lecturer serving against the second post in the discipline of Urdu in the College as during that period he will not be able to draw any salary for want of receipt of grant- in-aid for the 3rd post in Urdu on which he has been serving from before. Secretary, Higher Education is directed to treat the case of the petitioner exactly on the similar lines as he has treated the case of Saroj Kumari. 5. The writ application is, accordingly, disposed of. Necessary order in this regard be passed as early as possible, in any case within reasonable time. P.K.P. (V.N.Sinha,J.)