IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9885 of 2007 1. Dr. Subash Chandra Singh, Son of Sri Moti Singh at present working and posted as Head of Department of Sociology at Ram Lakhan Singh Yadav College, Aurangabad, P.O. & P.S. Aurangabad, District- Aurangabad. 2. Dr. Suresh Prasad Singh, Son of Late Ishwardayal Singh, Posted and working as Lecturer Hindi Department at Ram Lakhan Singh Yadav College, Aurangabad, P.O. & P.S. Aurangabad, District- Aurangabad. …… Petitioners. Versus 1. The State of Bihar, through Chief Secretary, State of Bihar. 2. The Vice Chancellor, Magadh Unvirsity, Bodh Gaya. 3. The Registrar, Magadh University, Bodh Gaya. 4. The Finance Officer, Magadh University, Bodh Gaya. 5. The Finance Secretary-cum-Commissioner, Bihar New Secretariat, Patna, State of Bihar. 6. The Secretary, Higher Education Department, New Secretary, Patna, State of Bihar. 7. The Director, Higher Education, State of Bihar, New Secretariat, Patna. 8. The Principal Ram Lakhan Singh Yadav College, Sahpur, Aurangabad, P.O., P.S. & District- Aurangabad. ………………………Respondents. ----------- 3 17.10.2011 No one appears for the petitioner. Counsel for the University is present and has produced the report of Justice S.C Agrawal Commission in respect of Ram lakhan Singh Yadav College, Shahpur, Aurangabad (a constiutent College of the Magadh University Bodh-Gaya) which shows that that the commission had given the list of teaching staff who were eligible to be considered for being absorbed in 2 the University Service. In such list name of both the petitioners are missing which would mean that the petitioners’ case for absorption in this College did not find favour. That being so, when the judgment of the Apex Court in the case of State of Bihar and Ors vs Bihar Rajya M.S.E.S.K.K vs Mahasangh and others, reported in 2005(9) SCC 129 accepting the recommendations in the report of Justice S.C Agrawal Commission has become final, this Court will have no difficulty in holding that the petitioners are not entitled for relief prayed by them on account of the specific adverse findings of Justice S.C Agrawal Commission. That being so, application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)