IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12609 of 2006 OM PRAKASH GUPTA & ORS Versus THE STATE OF BIHAR & ORS ----------- 2/ 24/03/2009 Heard learned counsel for the petitioners, for the State and learned counsel appearing for the Hon’ble Chancellor and learned counsel for the T.M. Bhagalpur University. The matter relates to the constitution of the 3rd Absorption Committee on 29.1.1986 and the notification for absorption of the petitioner issued thereafter. A judgement of this Court reported in 2001(2) P.L.J.R. 817 (Dr. Shiv Narain Yadav & Ors. vs. The State of Bihar & Ors.). Whether it affects the petitioner or not, the subsequent recommendation of the syndicate, setting aside ex parte of the benefit of the absorption by the Hon’ble Chancellor by an order dated 4.1.2002 and the rejection of the review application of the petitioners by the Hon’ble Chancellor ex parte without hearing on 28.7.2006. This Court in that background does not consider it necessary to notice the facts of the case or any other materials further lest it should prejudice the case of either parties, in view of the nature of order to be passed. Mr. Shivendra Kishore appearing on behalf of 2 the Hon’ble Chancellor very fairly conceded that the disposal of the review application without hearing the petitioners, in view of the nature of the questions involved, is an infirmity in the decision making process. He also urges that the decision of the Hon’ble Chancellor is in light of certain orders of this Court reported in 2001(4) P.L.J.R. 776(Dr. Kishore Kumar & Anr. vs. State of Bihar & Ors.) In light of the submission, the impugned order dated 28.7.2006 is not sustainable in the eye of law. It is accordingly set aside. The matter is referred back to the Hon’ble Chancellor. This Court only requests for an expeditious disposal of the same. It shall be open to the parties to raise all objections therein including filing of any further applications/affidavits in continuation thereof, if they are so advised. The writ application is allowed to the extent indicated above. KC (Navin Sinha, J.)