IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7846 of 1997 PARMATMA SINGH, son of Shri Kamta Singh resident of village Nagpur, P.O. Nagpur, Police station Rasasra, district Ballia (U.P.) at present working as Lecturer in Economics Department in Maharana Pratap College MOhania, Kaimur, Police Station Mohania district Bhabhua. Versus 1.VEER KUWAR SINGH UNIVERSITY, Arrah through its Registrar. 2.Bihar College Service Commission, Patna, through it Secretary, Boring Canal Road, Patna. 3.Governing Body of Maharana Pratap college, Mohania Kaimur (Bhabhua) through its Secretary Shri Arun Kumar. ----------- 6 20.7.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and Mr. Binay Kirti Singh, learned counsel for the Veer Kuwar Singh University. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of an appropriate writ(s)/ direction (s) commanding the respondent no.2, Bihar College Service Commission (hereinafter to be referred to as the Commission) to consider the case of the petitioner for recommendation and for absorption on the post of Lecturer in the Department of Economics of Maharana Pratap College, Mohania (Rohtas) (hereinafter to be referred to as the College) in pursuant to the Advertisement no.1-1197/89 dated 11.1.1990 and further respondents be restrained not to disturb the petitioner who is working as lecturer in the Department of Economics in the said college and the petitioner should be absorbed as permanent lecturer of the College.” Counsel for the petitioner would submit that now after abolition of the Bihar College Service Commission it is the University which has to now act upon the Chancellor’s statutes framed under the Statutes of University No. BSU-25-85-283-ES 2 (F-1)29/8 dated 29.1.1986. Mr. Singh in this context has invited attention of this Court towards order of appointment of the petitioner dated 8.10.1980 made by the governing body of Maharana Pratap College, an affiliated College under Magadh University, now Veer Kuwar Singh University. He would submit that in terms of appointment of the petitioner as also fulfilling of the requirement under the statutes dated 29.1.1986, the petitioner would be entitled at least for consideration of his absorption on the post of Lecturer in the department of Economics. In the counter affidavit filed by the University, there is no direct answer to the issue raised by the petitioner, rather it has been said that the petitioner has not stated any where in the writ petition as to how he fulfills the requirement of the aforesaid Statutes. The other explanation of the University with regard to shifting responsibility on the College Service Commission will have also no meaning now when this case has been taken for final disposal, inasmuch as the said commission, respondent no.2 stands abolished and its power has been vested in the University itself. That being so, this Court is of the opinion that the case of the petitioner for his absorption in terms of the statutes dated 29.1.1986 requires to be considered by the University itself. It would be, therefore, open to the petitioner to file a self contained representation enclosing all the information as required under the Statutes dated 29.1.1986 along with a copy of 3 this order and upon filing of such representation by the petitioner the University shall pass an appropriate order in accordance with the provisions made in the Statutes dated 29.1.1986, if the same is still in force. This Court would not issue any direction with regard to payment financial benefit to the petitioner inasmuch as, post in question which has been sanctioned by an order of the State Government itself contains a stipulation of there being no financial liability of the State for payment of salary. In that view of the matter, it would be now for the University to do needful within a period of six months from the date of receipt of the representation filed by the petitioner. Let it be made clear that this Court has not expressed any opinion on the merits of case of the petitioner and it will be open to the University to pass any order on merits of case of the petitioner strictly in accordance with law. With the aforesaid observation and direction this writ application is, accordingly, disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)