IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9216 of 2003 DR.HARENDRA NATH UPADHYAY @ Hrendra Nath Upadhyay son of late Sashi Bhusan Upadhya, resident of village Balihar, P.O. Dulhpur, district Buxar. Versus 1. THE STATE OF BIHAR 2. The Commissioner, Health Department, Govt. of Bihar, New Secretariat, Patna. 3. The Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. 4. The Additional Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. 5. The Deputy Secretary, Department of Health, Medical Education, Govt. of Bihar, Patna. 6. The Director, Deshi Chikitsha, Govt. of Bihar, Patna. 7. The Secretary, finance Department, Govt. of Bihar, Patna. 8. The Cabinet Secretary, Govt. of Bihar, Old Secretariat, Patna. 9. The Principal Incharge Govt. Dhanwantri Aurvedic College, Ahirauli, Buxar. with CWJC No.10967 of 2003 KAMLA KUMARI Assistant Nurse/ Mid wife of Rajkiya Shri Dhanwantri Ayurvedic Mahavidyalaya and Chikitsalya, Ahirauli, Buxar, wife of Sri Bharat Tiwari, permanent Address of village Duhiyana, P.O. Tarighat, P.S. Suhawal, district Gajipur (U.P.) Versus 1. THE STATE OF BIHAR 2. The Deputy Secretary of the State Government of Bihar, Patna. 3. The Joint Secretary of the Swashthya Chikitsa Siksna and Parivarik Kalyan Bibhag, Bihar Patna. 4. The Commissioner, Health Department, Govt. of Bihar, New Secretariat, Patna. 5. The Secretary, Health Chikitsha siksha Pariwarik Kalyan and Deshi Chikitsha, New Secretariat, Patna. 6. The Director, Deshi Chikitsha New Secretariat, Patna. 7. The Principal Rajkiya Shri Dhanwantari Ayurvedic College and Hospital, Ahirauli, Buxar. 8. The District Collector, Buxar. with CWJC No.12066 of 2003 SMT.DILBASI DEVI wife of late Bijendra Kumar Pandey resident of vill. Sarayan, P.O. Karanatadih, P.S. Narhi, Dist. Balia. Versus 1. THE STATE OF BIHAR 2. The Secretary, department of health, Medical Education and Family Welfare government of Bihar, at Patna. 3. The Additional Secretary, department of health, Medical education and family welfare, Patna. 4. The deputy Secretary, department of health, Medical education and family welfare and deshi chikista, Patna. 2 5. The Director, Deshi Chikista, New Secretariat, Patna. 6. The Secretary, department of finance, Govt. of Bihar, Patna. 7. The Cabinate Secretary, govt. of Bihar, Old Secretariat, Patna. 8. The Deputy Secretary, Govt. of Bihar, Patna. 9. The Principal Sri Dhanwantri Ayurvedic College and Hospital, Ahirauli, at Buxar dist. Buxar. with CWJC No.12301 of 2003 1. SMT.SHANTI DEVI wife of Sri Raj Ballav Ram resident of village Ahirouli, P.O. Ahirouli, District Buxar. 2. Smt. Sonbarsi Devi, wife of late Raghunath Ram resident of vill. Ahirouli P.O. Ahirouli, Dist. Buxar. Versus 1. THE STATE OF BIHAR 2. The Secretary, department of Health, Medical Education and Family Welfare, Government of Bihar at Patna. 3. The Additional Secretary, Department of Health, Medical Education and Family Welfare, Patna. 4. The Deputy Secretary, Department of Health, Medical Education and Family Welfare and Deshi Chikista, patna. 5. The Director, Deshi Chikista, New Secretariat, Patna. 6. The Secretary, Department of Finance, Govt. of Bihar, Patna. 7. The Cabinet Secretary, Govt. of Bihar, Old Secretariat, Patna. 8. The Deputy Secretary, Govt. of Bihar at Patna. 9. The Principal Sri Dhanwantri Ayurvedic College and Hospital, Ahirauli, at Buxar, Dist. Buxar. ----------- 3 13.9.2010 Having heard counsel for the parties, this Court is satisfied that there is no error in the order of termination of services of the petitioners. In fact batch of the writ petitions of the same college was earlier dismissed on 12.8.2010 being C.W.J.C. Nos. 5294 of 2003, 5295 of 2003 and 6152 of 2003. The remaining submission of learned counsel for the petitioners that earlier the screening committee had found the petitioners fit for being absorbed in the college can have no meaning when this Court did not approve such report of the screening committee and had remitted the matter back for fresh screening. 3 That apart, merely because norms of C.C.I.M was fulfilled by the petitioners would not be a ground for automatic take over of services of the petitioners. The College of the petitioners had a limited strength of teaching staffs and the best among them as per prescribed norms were already selected. Rest of them had to be shown the door both on the ground of financial stringency as also the limited number of posts available in such private turned government college. There is in fact no provision laying down automatic take over of services by the State Government of each teaching and non teaching employees who had claimed to be in service of the privately managed college. That being so, this Court would not find any merit in this writ application so far it relates to termination of services of the petitioners. As with regard to claim for payment of their salary, such liability could be fastened on the Government only for the period their services were taken over validly by or under any specific government order. As noted above, the matter of take over of services of employees had remained pending for final decision by the State Government and the same had been taken only after last screening committee report wherein the petitioners were not found suitable for being absorbed in the government service and as such there would be also no question of payment of their salary by the Government. That being so, this Court would also not find any merit 4 now in the claim of the petitioners for payment of their salary. These applications therefore are wholly misconceived and are, accordingly, dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)