IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4021 of 1995 1. BIHAR RAJYA MAHAVIDYALAYA SHIKSHAK EVAM SHIKSHAKETAR KARAMCHARI KALYAN MAHASANGH THROUGH ITS PRESIDENT DR. RAKESH NATH CHOUBEY, S/O DR. R.N. CHAUBEY, R/O NIRMAL BHAWAN, GANDHI PATH, MITHAPUR, P.O. & P.S. JAKKANPUR, DISTRICT-PATNA, AT PRESENT POSTED AS LECTURER IN THE DEPARTMENT OF HISTORY, ARVIND MAHILA MAHA VIDYALAYA, KADAMKUAN, PATNA. 2. OMAR FAROOQUE, S/O MD.FAROOQUE, DEPARTMENT OF MATHAMETICS, MARKHAM COLLEGE OF COMMERCE, HAZARIBAGH. 3. SURENDRA PRASAD MEHTA, S/O RAM LAL MEHTA, AT PRESENT WORKING IN SAMTA COLLEGE, JANDAHA, VAISHALI AT & P.O. LORIA, JANDAHA, VAISHALI. 4. KAPILDEO PRASAD YADAV, S/O KAMLESHWARI PRASAD YADAV, R/O WARD NO.2 ADARSH NAGAR, MADHIPURA, AT AND P.O. MADHIPURA AT PRESENT POSTED IN THE DEPARTMENT OF POLITICAL SCIENCE, P.S. C.COLLEGE, MADHIPURA. 5. ARUN KUMAR YADAV, S/O SRI T. PRASAD, DEPARTMENT OF CHEMISTRY, B.N.M.V. COLLEGE, SAHEBGANJ, MADHEPURA P.O. & P.S. MADHEPURA, DISTRICT- MADHEPURA. 6. DR. ANIL KUMAR SINGH, S/O ARJUN PRASAD SINGH, R/O AT & P.O. MAKKHATIKIYA NAUGACHIA, DISTRICT- BHAGALPUR, POSTED IN THE DEPARTMENT OF ANCIENT INDIAN HISTORY & CULTURE, M.A.M. COLLEGE, NAUGACHIA. 7. BHIM SINGH, S/O R.P. SINGH, R/O VILLAGE KHAIRA SALEM, P.O. DOSMA, DISTRICT-AURANGABAD, NON-TEACHING, B.D.EVENING COLLEGE, PATNA. 8. ASHOK KUMAR SINGH, S/O LATE RAMJI SINGH, DEPARTMENT OF ANCIENT INDIAN HISTORY & CULTURE, S.N.S.R.K.S. COLLGE, SAHARSA. 9. KRISHNA NAND YADAV, S/O SHRI HARI NANDAN YADAV, DEPARTMENT OF ECONOMICS, R.L.S.Y. COLLEGE, AURANGABAD. 10. ANIL KUMAR, S/O SRI DEOBIR SINGH, R/O BLOCK NO. 5/27(F.I.) ROAD NO.10-E, RAJENDRA NAGAR, PATNA, AT PRESENT LECTURER, ADARSH COLLEGE, RAJDHANWAR, GIRIDIH. 11. GOPAL PRASAD SINGH, S/O SHRI BAKHORI SINGH, R/O VILLAGE BHUWAN BIGHA, P.O. KARPI,DISTRICT- JEHANABAD. 12. KUMARI MANJU SINGH, D/O LATE RAMANUJ PRASAD, NAND BHAWAN, GANDHI PATH, MITHAPUR, PATNA, 2 NON-TEACHING, G.D.M. COLLEGE, PATNA. 13. REWA KUMARI SINHA, D/O NAGENDRA PRASAD, POSTED AS ASSISTANT, GANGA DEVI MAHILA MAHAVIDYALAYA, KANKERBAGH, PATNA. 14.MANIMALA SINHA, WIFE OF TAPESH KUMAR SINHA, ADVOCATE, NAND BHAWAN, GANDHI PATH, PATNA, POSTED AS READER & HEAD OF THE DEPARTMENT OF HISTORY, GANGA DEVI MAHILA MAHAVIDYALAYA, KANKERBAGH, PATNA-20. 15.SADHANA VERMA, WIFE OF DR. SHYAMA VERMA, R/O 202-B, S.K. PURI, PATNA-1, POSTED AS LECTURER, DEPARTMENT OF HISTORY, GANGA DEVI MAHILA MAHAVIDYALAYA, KANKERBAGH, PATNA-20. 16.BANDANA KUMARI, WIFE OF PRADEEP KUMAR, R/O 147 PATLIPUTRA COLONY, PATNA, POSTED AS READER, DEPARTMENT OF POLITICAL SCIENCE, GANGA DEVI MAHILA COLLEGE, KANKERBAGH, PATNA-20. 17.DR. RAVI SHANKER, S/O DR. SATYA MURTI, R/O ROAD NO.4, EAST PATEL NAGAR, PATNA, AT PRESENT LECTURER, POLITICAL SCIENCE, R.L.S.Y. COLLEGE, BETTIAH, NOW TRANSFERRED TO JAMUNI LAL COLLEGE, HAJIPUR. 18. ARVIND KUMAR, S/O S.P. YADAV, R/O AT & P.O. ASHOK NAGAR, KANKERBAGH, PATNA-20, POSTED AS LECTURER, DEPARTMENT OF HISTORY, R.K.D.COLLEGE, PATNA. 19. BIBHUTI NATH JHA, S/O JAGDISH JHA, AT AND P.O. SANHA, P.S. SAHEBPUR KAMAL, DISTRICT-BEGUSARAI, POSTED IN THE DEPARTMENT OF ECONOMICS, M.L.S.M. COLLEGE, DARBHANGA. 20. LALIT NARAIN MISHRA, S/O SRI BEDANAND MISHRA, AT AND P.O. RATANPURA, DISTRICT-SUPAUL, POSTED IN THE DEPARTMENT OF ECONOMICS, R.M. COLLEGE, SAHARSA. 21. DR. KIRAN LATA, WIFE OF UTTAM KUMAR GUPTA, R/O MITHAPUR, B. AREA, PATNA, POSTED AS LECTURER IN ZOOLOGY, GANGA DEVI MAHILA COLLEGE, KANKERBAGH, PATNA. 22. LAL KESHWAR SINGH, S/O SHRI HARSU SINGH, R/O NEW AREA, AURANGABAD, POSTED IN THE DEPARTMENT OF HINDI, K.S.M. COLLEGE, AURANGABAD. 23. OM PRAKASH AMBASTH, S/O P.P. VEREMA, NAVRATAN, PURNEA, DEPARTMENT OF BOTONY, R.L. COLLEGE, MADHAVANGAR, PURNEA. 24. SHALIENDRA KUMAR, S/O SHRI R.B.P. SINHA, RESIDING IN THE HOUSE OF PROF. RABINDRA PRASAD SINGH, PROF. COLONY, HISUA (NAWADA) POSTED IN THE DEPARTMENT OF ZOOLOGY, 3 T.S. COLLEGE, HISUA, NAWADAH. 25.ARVIND KUMAR, S/O SHRI J.N.SINGH, R/O S.K.PURI, PATNA, IN THE DEPARTMENT OF HISTORY, B.D.EVENING COLLEGE, PATNA. 26.AJAY KUMAR SINGH, S/O SHRI CHANDESHWAR PRASAD SINGH, DEPARTMENT OF MATHEMATICS, S.B.A.N. COLLEGE, DARVETATARI, JEHANABAD. 27.VIJAY KUMAR, S/O GANESH PRASAD SINGH, LAB INCHARGE, PHYCHOLOGY, S.B.A.N. COLLEGE, DARHETA LARI, JEHANABAD. 28. SUDISTA PRASAD SINGH, S/O R.V. SINGH, R/O AT AND P.S. JANDAHA, POSTED IN JANDAHA COLLEGE, JANDAHA. 29. ANIL KUMAR SINHA, S/O ………. , R/O BIREN BIGHA, DEHRI ON SONE, POSTED IN MAHILA COLLEGE, DALMIANAGAR, DEHRI. 30. SATYENDRA KUMAR, S/O …………. , R.O P.O. & P.S. AZAD NAGAR, DISTRICT MADHIPURA, POSTED IN P.N.COLLEGE, MADHIPURA. 31. DR. PUNAM SINHA, WIFE OF MR. ATUL SINHA, 71 M.I.G. KANKERBAGH COLONY, PATNA-20. POSTED AS LECTURER, DEPARTMENT OF BOTANY, GANGA DEVI MAHILA COLLEGE, PATNA. 32. DR. PREM KUMARI, D/O SRI JAGDISH KUMAR, R/O F-121, PEOPLES CO-OPERATIVE COLONY, LOHIANAGAR, KANKERBAGH, PATNA, AT PRESENT LECTURER IN ZOOLOGY, GANGA DEVI MAHILA COLLEGE KANKERBAGH, PATNA. 33. DR. DEVAPRIYA SINGH, WIFE OF N.K. PRASAD, R/O J.COTTAGE, LANGERTOLI, PATNA-4, AT PRESENT LECTURER, DEPARTMENT OF BOTANY, G.D.M. COLLEGE, PATNA. 34. AWADHESH SINGH SON OF …….. , DWARIKA COLLEGE, PATNA, IN THE DEPARTMENT OF HISTORY. 35. C.P. PANDEY, S/O HARIHAR PANDEY, R/O MUNNA CHAK, NEAR COMMERCE COLLEGE, KANKERBAGH, PATNA-20, AT PRESENT POSTED IN THE DEPARTMENT OF PHYLOSOPHY, R.K.D. COLLEGE, PATNA. 36. BRAJESHWAR PRASAD SINGH, SON OF ….. , R/O REJENDRA NAGAR, PATNA, AT PRESENT POSTED IN THE DEPARTMENT OF PHILOSOPHY, R.K.D.COLLEGE, PATNA. 37. RAMJI PRASAD, S/O …….., R/O ASHOK NAGAR ROAD NO.8, PATNA, POSTED IN R.K.D. COLLEGE, PATNA. 38. S.N. SINGH, S/O ……….. , POSTED IN THE DEPARTMENT OF PHYSICS, R.K.D. COLLEGE, PATNA, R/O ASHOK NAGAR, PATNA-20. 39. MD. ABBAS , S/O MD ABBAS, LECTURER, S.G.G.S. COLLEGE, PATNA CITY. 40. ARUN KUMAR SAHA, S/O …………, R/O AT & P.O. RAJMAHAL, DISTRICT-SAHEBGANJ, AT PRESENT LECTURER B.S.K. COLLEGE, BARHARWA, S.K.UNIVERSITY. 4 41. ASHOK KUMAR SHARMA, S/O SHRI NAGINA PRASAD SHARMA, R/O AT & P.O. MANIARPURI, DISTRICT VAISHALI, AT PRESENT POSTED IN THE DEPARTMENT OF ZOOLOGY, SAMTA COLLEGE, JANDAHA. 42. VINAY KUMAR SINHA, S/O LATE CHANDRIKA PRASAD, ASSISTANT, B.D. EVENING COLLEGE, PATNA, R/O MOHALLA SALIMPUR AHRA, KADAM KUAN, PATNA-3. 43. NARESH SHARMA, S/O ……. , R/O NEW JAKKANPUR, PATNA-1, AT PRESENT WORKING IN GANGA DEVI MAHILA COLLEGE, KANKERBAGH, PATNA. 44. DR. VINAY KUMAR DAS, S/O ………. , R/O KAMESHWARI NIWAS, VINODANAND JHA COLONY, MADHUBANI, AT PRESENT POSTED AT J.N.D.P. MAHILA COLLEGE, MADHUBANI. 45. AMAR KUMAR, S/O …………….. , R/O 4/9 BALUA, MADHUBANI, AT PRESENT POSTED IN THE DEPARTMENT OF BOTANY, J.M.D.P.L. MAHILA COLLEGE, MADHUBANI. 46. MITHLESH KUMAR JHA, S/O ………………. , POSTED IN THE DEPARTMENT OF PHYSICS, J.M.D.P.L. MAHILA COLLEGE, MADHUBANI. 47. VIDYANAND YADAV, S/O SHRI LAL BAHADUR YADAV. PARVATI SCIENCE COLLEGE, MADHEPURA. 48. DR. ABHAY KUMAR, S/O SHRI BINDESHWAR PD. YADAV, R/O MOHALLA AJAD NAGAR, WARD NO.5, DISTRICT MADHEPURA, POSTED IN THE MAITHILI DEPARTMENT, PARVATI SCIENCE COLLEGE, MADHEPURA. 49. ARUN KUMAR, S/O PROF. BIJAY KUMAR, R/O NAHAR CHOWK, PROFESSOR COLONY, RAXAUL, SECRETARY SHIKSHAK SANGH, K.C.T.C. COLLEGE, RAXAUL. 50. DR. DWARIKA PD. SINGH, S/O B.K. SINGH, R/O S.N.DAS ROAD, P.O. AND P.S. RAXAUL, EAST CHAMPARAN, AT PRESENT LECTURER, DEPARTMENT OF POLITICAL SCIENCE, K.C.T.R. COLLEGE, RAXAUL. 51. CHANDRASHEKHAR, LECTURER, S/O SHRI ANIRUDH PRASAD MANDAL, R/O VILLAGE VAILWA, P.O. SIMRAHA, P.S. AND DISTRICT MADHEPURA, AT PRERSENT POSTED AS LECTURER, RAM LAKHAN SINGH YADAV COLLEGE, AURANGABAD. -PETITIONERS VERSUS. 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER- CUM- SECRETARY, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, 5 PATNA. 3. THE CHANCELLOR OF UNIVERSITIES, RAJ BHAWAN, PATNA, BIHAR. 4. MAGADH UNIVERSITY, BODH GAYA, DISTRICT-GAYA, THROUGH ITS VICE CHANCELLOR. 5. TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS VICE CHANCELLOR. 6. BABA SAHEB BHIMRAO AMBEDKAR UNIVERSITY, MUZAFFARPUR, THROUGH ITS VICE CHANCELLOR. 7. L.N.MITHILA UNIVERSITY, DARBHANGA, THROUGH ITS VICE CHANCELLOR. 8. BIR KUNWAR SINGH UNIVERSITY, MADHEPURA, THROUGH ITS VICE CHANCELLOR. 9. B.N. MANDAL UNIVERSITY, MADHEPURA, THROUGH ITS VICE CHANCELLOR. 10. SIDHU KANHU UNIVERSITY, SAHEBGANJ DUMKA, THROUGH ITS VICE CHANCELLOR. 11. BINOBA BHAVE UNIVERSITY, HAZARIBAGH, THROUGH ITS VICE CHANCELLOR, HAZARIBAGH. 12. RANCHI UNIVERSITY, RANCHI, THROUGH ITS VICE CHANCELLOR. -RESPONDENTS With SCA No.5 of 1998 THE STATE OF BIHAR & ORS Versus BIHAR RAJYA MAHAVIDYALAYA SIKSHAK EVAM SHIKSHAKETAR KARAMCHARI KALYAN MAHASANGH & ORS. ----- For the Petitioner : M/s Ganesh Pd. Singh & Sharad kr. Sinha For the State : Mr. Shashi Bhushan Kumar, SC 16 For the B.N.M.U. : M/s B.K. Jha & Abhya kumar For the M.U. : Mr. Yugal Kishore 29 19.05.2009 Heard the parties and perused the order of the Apex Court dated 03rd of August, 2007. 6 There is no dispute that this writ petition filed in the year 1995 by an Association and some individuals was finally disposed of by judgment dated 31st January, 1997. The matter, relating to claim for regularization and other related claims, was finally decided by the Apex Court through judgment dated 12th of October, 2004 in the case of State of Bihar Vrs. Bihar Raj MSES KK Mahasangh; reported in 2005(1) PLJR (SC) 464. That judgment of the Apex Court relied fully upon report of Justice S.C. Agrawal and while accepting the said report, in paragraphs 71 and 72 of the judgment it gave certain directions and made certain observations requiring enquiry and action by the Universities for a limited purpose. It is not in dispute that rights of the parties are to be governed by the final adjudication made by the Apex Court on the basis of Justice S.C Agrawal report. Now the dispute is confined to the issue whether the University has undertaken the necessary enquiry and if undertaken whether it has given the required relief. The grievance of the petitioners and some of the interveners is that the University has not given full relief. For example, learned counsel for the 7 AAhmad/ petitioners, Mr. Anil Kumar, has submitted that his claim for absorption with effect from 10th March, 1985 has been accepted by the University but consequential relief of monetary benefits and seniority has not been given. Stand of the University is that it has fully respected and implemented the order of the Apex Court and the recommendations of the Justice S.C. Agrawal’s committee report. There is no scope for any of the parties to disregard the judgment of the Apex Court which has accepted the S.C. Agrawal’s committee report and to seek any decision contrary to the said judgment and the report. If any of the parties act against the said judgment and decides differently, the petitioners or the interveners may have a valid cause of action to agitate their claim before this Court through individual writ petitions or through contempt petition. With this observation and liberty, this petition and all the intervention petitions are disposed of. (Shiva Kirti Singh, ACJ.) (Mihir Kumar Jha, J.) 8