IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5411 OF 2007 DR.NIKHIL KUMAR, S/O LATE DR. DEVENDRA KUMAR, JAIL ROAD, ARRAH, POLICE STATION ARRAH TOWN, DISTRICT BHOJPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, HIGHER EDUCATION, HUMAN RESOURCES DEPARTMENT, OLD SECRETARIAT, PATNA. 3.MAGADH UNIVERSITY THROUGH ITS REGISTRAR HAVING ITS OFFICE AT BODH GAYA, BODH GAYA. 3.VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA. 4.REGISTRAR, MAGADH UNIVERSITY, BODY GAYA. 5.FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA 3 TO 5 HAVING THEIR OFFICE AT BODH GAYA, P.S. BODH GAYA, DISTRICT GAYA. 6.PRINCIPAL, GANGA DEVI MAHILA COLLEGE, PATNA, POLICE STATION KANKARBAGH, DISTRICT PATNA. 7.PRINCIPAL ANUGRAH MEMORIAL COLLEGE, GAYA. ………………………RESPONDENTS. ----------- 02/ 29.08.2011 Having heard counsel for the parties and taking into account that the petitioner claims payment of salary on the strength that he was working as lecturer in Ganga Devi Mahila College, Patna in the period from 04.11.1985 to 17.11.1996 and that such Ganga Devi College is a constituent College made in the year 1986, in the 4th phase, in which the Apex Court had constituted a Screening Commitee headed by Hon’ble Mr. Justice S.C Agarwal retired Judge of the Supreme Court, whereafter the Apex Court 2 had approved the report of the recommendation of Justice Agarwal as with regard to absorption of the services of all the teachers of the College against the sanctioned post as also recommended up to 30.04.1986, this Court would give liberty to the petitioner to file his representation before the Registrar of the University and if the Registrar of the University finds that the name of the petitioner figures in the recommended list of teachers of Justice Agarwal Committee and a consequential order of his absorption has also been issued by the University, he would also direct for payment of salary for admitted work of the petitioner but only after obtaining a clear report from the Principal of the College as with regard to his working in College. If, however, the name of the petitioner does not figure in Justice S.C AGarwal’s report amongst the approved teachers found fit for absorption there would be no question of payment of salary of the petitioner by the University, inasmuch as, his services will not be 3 deemed to have been absorbed by the University in terms of Section-4(1)(XIV) of the Bihar State University Act 1976. In order to expedite the matter, this Court would give liberty to the petitioner to file a self contained representation before the Registrar of the University and the Registrar of the University in the light of the aforementioned observations made by this Court shall take its final decision after obtaining prior permission of the Vice- Chancellor of the University and also communicate the same to the petitioner within a period of six months from the date of receipt of the representation filed by the petitioner. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)