IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.15796 OF 2006 B.D.EVENING COLLEGE NON-TEACHING EMPLOYEES ASSOCIATION THROUGH ITS PRESIDENT UMA SHANKAR PRASAD, SON OF LATE YOGENDRA PRASAD, A RESIDENT OF VILLAGE BASANTPUR PAKARI, P.S. RIGA, DISTRICT SITAMARHI, HAVING ITS OFFICE AT B.D. EVENING COLLEGE CAMPUS, MITHAPUR, PATNA……………………………………………………....PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY TO THE GOVERNMENT OF BIHAR IN THE DEPARTMENT OF HIGHER EDUCATION, PATNA 2. THE MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA THROUGH ITS REGISTRAR HAVING OFFICE AT P.O. & P.S. BODH GAYA, DISTRICT GAYA 3. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, AT, P.O. & P.S. BODH GAYA, DISTRICT GAYA 4. THE PRINCIPAL, B.D. EVENING COLLEGE, MITHAPUR, PATNA 5. THE BURSAR (EXPENDITURE), B.D. EVENING COLLEGE, MITHAPUR, PATNA ……….RESPONDENTS ----------- 10. 08.02.2010 Heard learned counsel for the petitioner and learned counsel for the State and also learned counsel for the Magadh University. Learned counsel for the petitioner submits that petitioner is an association of Non- teaching Employees of B.D. Evening College under the jurisdiction of the Magadh University. The case of the non-teaching staff of the college in question was considered by the Hon’ble Supreme Court in Civil Appeal No.6098 of 1997 popularly known as “Agrawal Commission Case” and their - 2 - cases were placed before the Agrawal Commission and the Commission found that their appointment was recommended to the State Government before the cut-off date. Therefore, in view of the directions of the Hon’ble Supreme Court, their cases have to be considered by the University for absorption from the date of their appointment. Learned counsel for the University does not dispute this factual position. He submits that in case their cases are found fit for absorption on the basis of the judgment of the Hon’ble Supreme Court, the same will be considered by the University and appropriate orders shall be passed in accordance with law. Therefore, this writ application is disposed of with direction to the authorities of the Magadh University to consider the cases of the employees of the said College, in the light of the judgment of the Supreme Court and pass appropriate orders in accordance with law within a period of three months. The writ application is, accordingly, disposed of. B.T (J. N. Singh, J.)