CIVIL WRIT JURISDICTION CASE No.10788 OF 2003 -------- In the matter of applications under Article 226 of the Constitution of India -------- C.W.J.C.No.10788 of 2003 -------- 1.Sunil Kumar, S/o Sri Awadhesh Singh, resident of village Kandaul, P.S. Hulasganj, in the district of Jehanabad 2.Nawal Kishore Sharma, S/o Shiv Nandan Sharma, resident of village Keur, P.S. Hulasganj, in the district of Jehanabad 3.Mundrika Sharma, S/o Karmdhari Singh, resident of village Sultanpur, P.S. Hulasganj, in the district of Jehanabad 4.Krishnadeo Singh, S/o Late Saryu Singh, resident of village Uttrama, P.S,.Khizarsarai, in the district of Gaya. 5.Kameshwar Prasad Singh, S/o Late Arjun Prasad Singh, resident of village Tajpur, P.S. Khizarsarai, in the district of Gaya. 6.Mithilesh Sharma II, s/o Sri Raghunandan Sharma, resident of village Daidi, P.S. Ghoshi, in the district of Jehanabad 7.Anil Kumar, S/o Shatrughan Singh, resident of village Beera, P.S. Hulasganj, in the district of Jehanabad 8.Tribikram Sharma , S/o Sri Upendra Sharma resident of village Derhsaiya, P.S. Kako, in the district Jehanabad 9.Narendra Kumar Sharma, S/o Sri Awadhesh Singh, resident of village Rajahari, P.S. Guraru, in the district of Gaya 10.Devendra Sharma, S/o Sri Vijay Kumar Singh, resident of village Tilkande, P.S. Makhdumpur, in the district of Jehanabad. 11.Rajendra Kumar, S/o Late Biphan Yadav, resident of village Uchauli, P.S. Khizarsarai, in the district of Gaya. 12.Ram Prasad, S/o Sri Prayag Mahato, resident of village Godiha, P.S. Atri, in the district of Gaya 13.Ramanand Singh, S/o Sri Lalan Sharma, resident of village Sahabajpur, P.S. Khizarsarai, in the district of Gaya 14.Dilip Kumar, S/o Late Jagdish Singh, resident of village- Uchauli, P.S. Khizarsarai, in the district of Gaya 15.Bimal Kumar, S/o Late Sahadeo Singh, resident of village Uchauli, P.S. Khizarsarai, in the district of Gaya. 16.Ramchandra Yadav, S/o Sri Ramdeo Yadav, resident of village Uchauli Bigha, P.S. Khizarsarai, in the district of Gaya 17.Leela Yadav, S/o Sri Sukar Yadav, resident of Village Uchauli Bigha, P.S. Khizarsarai, in the district of Gaya 18.Jawahar Lal, S/o Sri Moti Lal, resident of village Chiraili, P.S. Khizarsarai, in the district of Gaya - 2 - 19.Ramdeo Sharma, S/o Balram Singh, resident of village Daidi, P.S. Ghoshi, in the district of Jehanabad 20.Bhushan Sharma, S/o Surajdeo Singh, resident of village Mahakar, P.S. Khizarsarai, in the district of Gaya 21.Nawal Kishore Prasad Sharma, S/o Late Brahmdeo Narayan Singh, resident of village Murarpur, P.S. Hilsa, in the district of Nalanda. 22.Ganesh Prasad Sharma, S/o Mannu Singh, resident of village Bihata, P.S. Hulasganj, in the district of Jehanabad 23.Arbind Kumar II, S/o Sri Ramashraya Singh, resident of village Punhara, P.S. Shakurabad in the district of Jehanabad 24.Udho Singh, S/o Late Nawal Singh , resident of village Belhari, P.S. Bela, in the district of Gaya. 25.Kalam Khan, S/o Sri Jahir, resident of village Gewalbigha, P.S. Civil Lines, Gaya, in the district of Gaya. 26.Krishna Bhagat, S/o Gyanchand Bhagat, resident of village Tarwan, P.S. Gurua in the district of Gaya. 27.Bibhuti Prasad Singh, S/o Late Bishundeo Sharma, resident of village Achuki, P.S. Rafiganj, District Aurangabad. 28.Ramanuj Sharma, S/O Sri Ram Janam Singh, resident of village Mananpur, P.S. Makhdumpur, District Jehanabad 29.Bageshwari Singh, S/o Late Ragho Singh, resident of village Uperhuli ,P.S. Paraiya, District Gaya 30.Mithilesh Kumar, S/o Sri Ramyati Singh, resident of village Salempur, P.S. Hulasganj, District Jehanabad. 31.Ashok Rajak, S/o Shyamlal Rajak, resident of village /Mohalla Bhatbigha, P.S. Rampur, District Gaya. 32.Parshuram Prasad, S/o Mungalal Ram, resident of village Anandpur, P.S. Karpi, District Arwal. 33.Kalpnath Singh, S/o Late Layak Singh, resident of village Khurhnu, P.S. Mayari Bazar, District Rohtas. 34.Arjun Paswan, S/o Saudagar Paswan, resident of village Delha, P.S. Delha, District Gaya 35.Arjun Sharma, S/o Tapeshwar Sharma, resident of village Sapeni, Mahakar, P.S. Khizarsarai district of Gaya 36.Shivan Mochi, S/o Sri Karu Mochi, resident of village Hathiyawan, P.S. Khizarsarai, district - Gaya 37.Rangesh Sharma, S/o Sri Chauwa Singh, resident of village Daidiha, P.S. Ghoshi, District- Jehanabad 38.Sri Niwas , S/o Baliram , resident of village Bhelawar (Pakshim Tola) P.S. Kako, District Jehanabad 39.Devendra Kumar, S/o Late Ramsewak Singh, resident of village Bhelawar, P.S. Kako, Districts Jehanabad 40.Sundar Deo Narayan, S/o Late Yogeshwar Narayan Singh, resident of village Barheta, P.S. Parasbigha Amain, District Jehanabad 41.Birendra Singh, S/o Ramkishun Singh, resident of village Lodipur, P.S. Khizarsarai, District - Gaya 42.Vinay Singh, S/o Sri Ramotar Singh, resident of village Raunia, P.S. Khizarsarai, District - Gaya 43.Shailendra Kumar, S/o Sri Dudheshwar Singh, resident of village Bana, P.S. Khizarsarai District - Gaya - 3 - 44.Madan Sharma, S/o Sri Bidya Sharma, resident of village Bana, P.S. Khizarsarai, District - Gaya 45.Sachchidanand Sharma, S/o Shri Haridwar Sharma, resident of village Uchauli, P.S. Khizarsarai, District- Gaya 46.Bidyanand Sharma, S/o Late Shatrughan Sharan Singh, resident of village Uchauli, P.S. Khizarsarai, District - Gaya 47.Ravindra Singh, S/o Ramchandra Singh, resident of village Musepur, P.S. Khizarsarai, District - Gaya 48.Praveen Kumar, s/o Sri Kishori Mohan Sharma, resident of village Uchauli, P.S. Khizarsarai, District - Gaya 49.Nagendra Sharma, S/o Sri Shyam Bihari Singh, resident of village Garaur, P.S. Tekari, District Gaya. 50.Sant Prakash Narayan, S/o Sri Ram Briksh Singh, resident of village Barma, P.S. Gurua District- Gaya. 51.Ramanuj Singh, S/o Ramavatar Singh, resident of village Barma, P.S. Gurua, District- Gaya. 52.Satyendra Kumar, S/o Sri Parmanand Sharma, resident of village Chand, P.S. Makhdumpur, District- Jehanabad 53.Anil Kumar Sharma, S/o Sri Yamuna Prasad Singh, resident of village Nandanpura, P.S. Makhdumpur, District- Jehanabad. 54.Surendra Sharma, S/o Late Jaleshwar Singh, resident of village Jalalpur, P.S. Tekari, District- Gaya. 55.Chandrakant Prasad, S/o Late Karamdeo Prasad, resident of Mohalla- C/o Shiv Kumar Sharma, near Zila School, Gaya 56.Sudhakar Sharma, S/o Late Brahm Murti Sharma, resident of village Bageshwari Asthan, P.S. Delha, District- Gaya 57.Bhrigunandan Kumar, S/o Ganga Prasad Singh, resident of village Gewalbigha, Jaiprakash Nagar, P.S. Civil Lines Gaya, District- Gaya 58.Raghuveer Prasad Keshri, S/o Late Rameshwar Prasad Keshri, resident of village/Mohalla Maharani Road, Jhundi Mor, Gaya, C/o Bhola Yadav Ke Makan. 59.Ravindra Kumar, S/o Late Shyam Singh, resident of village Khaira, P.S. Khizarsarai, District - Gaya 60.Bimlesh Kumar, s/o Sri Shatrughan Singh, resident of village Kora, P.S. Ghoshi, District - Jehanabad 61.Surendra Singh, S/o Late Anugrah Singh, resident of village Ismailpur, P.S. Khizarsarai, District - Gaya 62.Ratan Kumar Daftaur, S/o Late Mithileshwari Prasad, resident of Mohalla 749 Ramdhanpur, P.S. Kotwali, District- Gaya. 63.Praduman Upadhayay, S/o Patiram Upadhaya, resident of village Tarari, P.S. Tarari, District- Bhojpur. 64.Brahmdeo Prasad, S/o Parshuram Ram, resident of village Gunabigha, P.S. Ghoshi, District- Jehanabad 65.Rajaram Singh, S/o Bachchu Singh, resident of village Naili, P.S. Atri, District- Gaya. 66.Pramod Kumar, S/o Rajendra Singh, resident of village Raunia, P.S. Khizarsarai, District - Gaya 67.Shiv Kumar Prasad Singh, S/o Sri Satyadeo Prasad Singh, resident of village Sonash, P.S. Khizarsarai, District - Gaya 68.Arvind Kumar, S/o Bajrangi Singh, resident of village Raunia, P.S. Khizarsarai, District - Gaya - 4 - 69.Deepan Singh, S/o Sri Narsingh Singh, resident of village Raunia, P.S. Khizarsarai, District - Gaya 70.Mithilesh Kumar, S/o Sri Ganesh Ram, resident of village Khizarsarai, P.S. Khizarsarai, in the District of Gaya 71.Anil Kuamr, S/o Pradeep Singh, resident of village Khaira, P.S. Khizarsarai in the district of Gaya. 72.Arun Kumar Sharma, S/o Sri Baleshwar Singh, resident of village Naugarh, P.S. Khizarsarai, in the district of Gaya. 73.Harun Rashid, S/o Israil Khan, resident of village Baidyapura, P.O. Cherki, in the district of Gaya. 74.Paramdhan Sharma, S/o Jhalakdeo Sharma, resident of village Kurila, P.O. Ratni Bazar, P.S. Kurtha, in the district of Jehanabad. 75.Arun Kumar Sharma, S/o Fekan Sharma, resident of village Gulab Bigha, P.S. Rafiganj, in the district of Aurangabad. 76.Anil Kumar Sharma, S/o Sri Sagar Singh, resident of village Korra, P.S. Ghoshi, District- Jehanabad 77.Sunil Kumar, S/o Sri Shiv Narayan Singh, resident of village Sonama, P.S. Ghoshi, District- Jehanabad 78.Deenanath Singh, S/o Keshwar Singh, resident of village Dimbalpur, P.S. Kako , District Jehanabad 79.Surendra Prasad Singh, S/o Sri Surajdeo Singh, resident of village Sonas, P.S. Khizarsarai, District- Gaya. 80.Ram Pravesh Sharma, s/o Ramyati Sharma, village Jaru, P.S.Hulasganj, District- Jehanabad 81.Ram Janam Sharma, S/o Late Pradeep Singh, resident of village Sirh, P.S. Atri, District Gaya 82.Ram Tabakya Sharma, S/o Sri Shiv Kumar Sharma, resident of village Salempur, P.S. Makhdumpur, District- Jehanabad 83.Vijay Singh, son of Sri Jai Ram Sharma, resident of village Hardaspur, Police Station Hulasganj, in the district of Jehanabad …………………………..Petitioners Versus 1.The State of Bihar. 2.The Secretary-cum-Director, Science and Technology Department, Govt. of Bihar, Patna. 3.The Deputy Secretary, Science and Technology Department, Govt. of Bihar, Patna. 4.The Joint Secretary (Administration), Science and Technology Department, Govt. of Bihar, Patna. 5.The Joint Secretary, Science and Technology Department, Govt. of Bihar, Patna. 6.The Deputy Director (Technical), Science and Technology Department, Govt. of Bihar, Patna ……………………………………Respondents with C.W.J.C. No.8843 of 1996 Md. Atikur Rahman Khan, S/o Md. Israil Khan, resident of village Baidyapur, P.S. Guruwa, District Gaya ……………………Petitioner Versus 1. The State of Bihar 2. The Director, Science and Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. - 5 - 3. The Additional Secretary, Science and Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 4. The D.M., Gaya. 5. The Principal, Magadh Engineering College, Gaya ……….Respondents With C.W.J.C. No.8844 of 1996 1.Md. Nasimuddin Siddiqui, son of Abdul Gani, resident of Lietch Road, New Dr.Q.R.Khan residence, P.S. Civil Lines, District Gaya 2.Surendra Yadav, S/o Sri Khelawan Yadav, resident of village Bishunpurwa, P.O.-Bari Beldari, P.S. Hulasganj, District Jehanabad ……..……..Petitioners Versus 1.The State of Bihar 2.The Director, Science and Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 3.The Additional Secretary, Department of Science & Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 4.The District Magistrate, Gaya. 5.The Principal, Magadh Engineering College, Gaya ………Respondents With C.W.J.C. No.11161 of 1996 1.Kamruddin Mian, son of Late Roje Mian, resident of village Gurua, P.O. Gurua, P.S. Gurua, District Gaya 2.Anil Kumar II, son of Late Narmadeshwar Prasad Singh, Resident of village + P.O. Newari, P.S. Makhdumpur, District Jehanabad 3.Mohar Manjhi, son of Late Lukhari Manjhi, Resident of village Noni, P.S. Tekari, District Gaya 4.Ram Vijay Sharma, son of Sri Mahendra Sharma, resident of village Chandh, P.S. Makhdoompur, District Jehanabad 5.Dinanath Singh, son of Sri Yogeshwar Narayan Singh, Resident of Village + P.O. Barheta, P.S. Kurtha, District Jehanabad 6.Salimuddin, son of Late Munagir Hussain, resident of village Bhattbigha, P.S. Lakhaipur, District Gaya 7.Nand Kishore Kumar, Son of Sri Upendra Sharma, Resident of Village Khalkochak, P.S. Makhdoompur, District Jehanabad 8.Tasrif Alam, son of Hanif Khan, resident of Pathan Patti, P.S. Dariapur, District East Champaran …………………………..Petitioners Versus 1.The State of Bihar; 2.The Director, Science and Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 3.The Additional Secretary, Department of Science & Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 4.The District Magistrate, Gaya. 5.The Principal, Magadh Engineering College, Gaya …….…….Respondents With C.W.J.C. No.11167 of 1996 - 6 - 1.Arbind Kumar S/o Late Ram Kishun Sharma, resident of village Keshpa, P.O. Keshpa, P.S. Tekari, District Gaya 2.Keshav Kumar, S/o Parshuram Sharma, resident of village Keshpa, P. O. Keshpa, P.S. Tekari, District Gaya ……………………..Petitioners Versus 1.The State of Bihar 2.The Director, Department of Science and Technology, New Secretariat, Bailey Road, Patna. 3.The Additional Secretary, Department of Science and Technology, New Secretariat, Bailey Road, Patna. 4.The Principal, Magadh Engineering College, Gaya 5.The District Magistrate, Gaya ………………….Respondents with C.W.J.C. No.12606 of 1996 Krishna Kumar @ Krishna Kumar Singh, Son of Sri Ram Dhani Singh, Resident of village Sarsu, P.O. Sarsu, P.S. Atari, District Gaya ……………………Petitioner Versus 1.The State of Bihar; 2.The Director, Science & Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 3.The Additional Secretary, Science and Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 4.The District Magistrate, Gaya. 5. The Principal, Magadh Engineering College, Gaya ……..…….Respondents with C.W.J.C. No.4063 of 1997 1.Brahmdeo Narain Singh, son of Sri Ranvijay Singh, resident of Village Rapura, Via-Mohammadganj, P.S. Bhawnathpur, District Garhwa 2.Akhilesh Kumar, son of Late Sheo Nandan Sharma, resident of Village Laraua, P.S. Makhdumpur, District Jehanabad ……………Petitioners Versus 1.The State of Bihar. 2.The Director, Science and Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 3.The Additional Secretary, Science and Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 4.The District Magistrate, Gaya. 5.The Principal, Magadh Engineering College, Gaya 6.The Chairman, Screening Committee, Department of Science and Technology, Bailey Road, Patna ……………………….Respondents with C.W.J.C. No.4242 of 1997 1.Khabir Mohammad, son of Sri Fakir Mohammad, resident of village Manpur Jora Masjid, P.S. Buniadganj, District Gaya 2.Yamuna Singh, son of Late Hari Singh, resident of village Ramua Chak, P.O. Aamas, P.S. Shyamnagar Neema, District Gaya. 3.Ram Vinay Sharma, S/o Sri Machchu Sharma, resident of village Bali, P.O. Adai, P.S. Konch, District Gaya 4.Vijay Kumar No.II, S/o Late Rajdeep Singh, resident of village + P.O. Bharoudha, P.S.Gurua, District Gaya - 7 - ………………….Petitioners Versus 1.The State of Bihar 2.The Commissioner, Science and Technology Department, New Secretariat, Govt. of Bihar 3.The Secretary, Department of Science and Technology, New Secretariat, Govt. of Bihar, Patna. 4.The Joint Secretary, Department of Science and Technology, New Secretariat, Govt. of Bihar, Patna. 5.The Screening Committee duly constituted by the Department of Science and Technology, Govt. of Bihar, represented through its Chairman 6.The Principal, Magadh Engineering College, Gaya 7.The District Magistrate, Gaya ……….…………….Respondents with C.W.J.C. No.8847 of 1997 1.Shashi Kumar Singh, S/o Anand Kumar Prasad Singh, resident of Rai Shital Prasad Road, Murarpur, P.S. Kotwali, District Gaya. 2.Pramod Kumar Sahay, son of Sri Sachidanand Sahay, resident of Kachahari Road, P.O + P.S. Barh, District Patna. 3.Mitendra Kumar, son of Sri Bhagwat Sharma, resident of village Khaira, P.S. Daudnagar, District Aurangabad 4.Pankaj Kumar Singh, son of Late Birendra Kumar Singh, resident of Rai Shital Prasad Road, Murarpur, P.S. Kotwali, District Gaya 5.Subhash Kumar Condilya, S/o Sri Sakaldeo Singh, resident of village + P.O. Rampur, Via Belaganj, P.S. Makhdumpur, District Jehanabad 6. Kamlesh Sharma, S/o Sri Rajeshwar Sharma, resident of village Nawdiha, P.S. Daudnagar, District Aurangabad …………….Petitioners Versus 1. The State of Bihar; 2. The Director, Science and Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 3. The Additional Secretary, Department of Science and Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. 4. The District Magistrate, Gaya. 5. The Principal, Magadh Engineering College,Gaya ……….……….Respondents with C.W.J.C. No.1879 of 2004 1.Ajay Singh, son of Shri Narayan Singh, R/o Village Dema, P.O. Dema, P.S. Mohanpur, District Gaya 2.Sarju Bhagat, son of Late Damari Bhagat, R/o village Manpur Gopal Pandey Lane, P.O. and P.S. Buniyadganj, District Gaya …………..Petitioners Versus 1.The State of Bihar; 2.The Director, Department of Science and Technology, Government of Bihar. 3.The Secretary, Department of Science & Technology, Government of Bihar, New Secretariat, Bailey Road, Patna. - 8 - 4.The Additional Secretary, Department of Science and Technology, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 5.The Screening Committee, (Newly constituted) Department of Science & Technology, Govt. of Bihar, Patna …………………….Respondents ----------- For The Petitioners : Mr.Vinod Kumar Kantha,Sr.Adv. with (In all writ petitions) Shri Prakash Srivastava,Anil Kumar and Santosh Bharti, Adv. For The Respondents : Mr.Anil Kumar Jha, G.A.2 Mr.Shyam Kishore Sharma, G.A.5 Mr.S.S.Mishra, A.C. to G.A.5 Mr.Vishwambhar Prasad, A.C. to S.C.9 ----------- P R E S E N T THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh,J: 1. INTRODUCTION (i) Petitioners of all the writ applications are erstwhile class III and class IV employees of Magadh Engineering College, Gaya. They are aggrieved by the refusal of respondents to absorb them in regular Government service as a consequence of takeover of the College under the provisions of The Bihar Private Engineering College (Taking Over) Ordinance, 1986 (Bihar Ordinance No.37/86), which, after promulgation of successive Ordinances in continuation, ultimately matured into an Act in 1991 (Bihar Act No. 4/91). Their grievance emanates from the fact that, though they were found fit by the Screening Committee (herein after referred to, at places, as „the 1st Committee‟, also referred to as „Statutory Screening Committee‟ or „High Power Statutory Screening Committee‟ in the records), constituted under section 5(2) of the Ordinance, for their absorption in Government service, and it recommended as such, persons, - 9 - who were not found fit by it, were absorbed in service, as admitted by the respondents themselves, due to „default‟, as the respondents could not file appeal against the judgment of learned single judge in CWJC NO. 1316 of 1991 (Raghunath Singh Vs. State of Bihar) and other analogous cases, rendered in their (petitioners‟) favour, in time. As a result, all the available sanctioned posts got filled up and the cases of the petitioners were rejected finding them surplus and beyond sanctioned strength as per staffing pattern. (ii) The 83 petitioners in CWJC No. 10788 of 2003 have prayed for quashing of the adverse report of the Departmental Committee dated 18.6.2003 (Annexure-10) which considered the individual cases of the 117 claimants, as per the directions of the Apex Court in Civil Appeal No. 2542 of 2002 and other analogous appeals, issued by the common order dated 4.3.2003 (Annexure-9), wherein directions issued by a learned Single Judge of this Court contained in paragrpah 42 of the judgment in CWJC No. 1316 of 1991 (Raghunath Singh & other analogous cases) was adopted with modification of 4 months time to 6 months for re- consideration of the claims of the appellants (petitioners) also for absorption, by giving them similar treatment as given to the petitioners of Raghunath Singh & other analogous cases. They have also prayed for quashing of the Office Order contained in memo no. 1242 dated 14.8.2003 (Annexure-11), issued under the signature of Joint Secretary, Department of Science & Technology, Government of Bihar, whereby, agreeing with the recommendations contained in the said - 10 - report of the Committee, claims of all the petitioners have been rejected. They have also prayed for commanding the respondents to absorb them against vacant sanctioned post of class-III and class-IV under the Government as per their respective rank and status. (iii) The sole petitioner of CWJC No. 8843 of 1996 has prayed for quashing of order contained in memo no.323 dated 3.7.1991 (Annexure-2) and also consequential order of his termination contained in memo no. 3264 dated 28.12.1991 (Annexure-6) and for a direction to the respondents to consider his case in the light of the judgment in CWJC NO. 1316 of 1991 (Raghunath Singh) and reinstate him with effect from 31.1.1991 with all consequential benefits. (iv) The 2 petitioners of CWJC No. 8844 of 1996 have prayed for quashing of order contained in memo no. 321 dated 31.1.1991 (Annexure-7), dispensing with their services on the ground of being surplus, and for a direction to the respondents to consider their cases in the light of the judgment of CWJC No. 1316 of 1991 (Raghunath Singh) and to reinstate them in service with effect from 31.1.1991 with all consequential benefits and also for payment of arrears of their salary w.e.f. 30.10.1987. (v) The 6 petitioners of CWJC No. 8847 of 1996 have also prayed for quashing of order contained in memo no. 321 dated 31.1.1991 (Annexure-4), dispensing with their services also on the ground of being surplus, and for a direction to the respondents to consider their cases also in the light of the judgment passed in CWJC No. 1316 of 1991 (Raghunath Singh) and to reinstate them in - 11 - service on their respective posts with consequential benefits. (vi) The 8 petitioners of CWJC No. 11161 of 1996 have also prayed for quashing of order contained in memo no. 321 dated 31.1.1991 (Annexure-5), dispensing with their services also on the ground of being surplus, and to direct the respondents to act according to the order passed in CWJC No. 1316 of 1991 (Raghunath Singh) and to reinstate them to their original posts. (vii) The 2 petitioners of CWJC No. 11167 of 1996 have prayed for quashing of order contained in memo no. 321 dated 31.1.1991 (Annexure-4), dispensing with their services also on the ground of being surplus, and to act according to order passed in CWJC No. 1316 of 1991 (Raghunath Singh) and to reinstate and appoint them against sanctioned vacant posts. (viii) The sole petitioner of CWJC No. 12606 of 1996 has prayed for quashing of order contained in memo no. 323 dated 3.7.1991 (Annexure-5), dispensing with his service, and for issuance of a writ in the nature of writ of mandamus commanding the respondents to reinstate him with effect from 31.1.1991. (ix) The 2 petitioners of CWJC No. 4063 of 1997 have also prayed for quashing of order contained in memo no. 321 dated 31.1.1991 (Annexure-6), dispensing with their services also on the ground of being surplus, and to reinstate them also with all consequential benefits. (x) The 4 petitioners of CWJC No. 4242 of 1997 have also prayed for quashing of the order contained in memo no. 321 dated 31.1.1991 (Annexure-4), dispensing with their - 12 - services also on the ground of being surplus, and for issuance of a writ in the nature of writ of mandamus commanding the respondents to consider their cases also in the light of their original appointment and seniority, in view of the recommendation of the Principal dated 12.12.1991 (Annexure-5) and in view of the recommendations of the Screening Committee and to declare notification no. 1264 dated 29.4.1993 as illegal, malafide, etc. (xi) The 2 petitioners of CWJC No. 1879 of 2004 have prayed for quashing of order contained in memo no. 10 dated 5.1.2004 (Annexure-19), issued under the signature of the Secretary, Department of Science & Technology, Government of Bihar, whereby, the recommendations of the Committee, which gave these petitioners opportunity of hearing as per the order passed by this Court in LPA No. 1534 of 2000, have been accepted and the claims of the two petitioners for their absorption have been rejected. They have also prayed for issuance of a writ in the nature of writ of mandamus commanding the respondents to reinstate them w.e.f 31.1.1991 with all consequential benefits. 2. FOUNDATIONAL FACTS (as appearing from the records) (i) Magadh Engineering College (herein after referred to as „the College‟) was established in Gaya town under the Bihar Technical Educational Trust to impart teaching up to B.Sc. level in various disciplines of engineering stream. The College started functioning with admissions of the first batch of students in 1980 itself. By 1986 the total number of students in the College, studying in - 13 - different batches, swelled to over 1000. In the College, to manage the departments, laboratories and other activities, petitioners were appointed on class III and IV posts by the Managing Committee of the College during the period 1980 to 1986. (ii) In the meanwhile, to regulate and control the running of technical institutions in private sector, State Government came up with an Ordinance, namely, the Bihar Engineering and Pharmacy Educational Institution (Regulation and Control) Ordinance, 1982, which was soon replaced by Bihar Act No. 63 of 1982. This Act provided for permission, recognition, affiliation and ancillary measures for regulation and control in the matters concerning opening and running of such institutions. This Act also empowered the State Government to get an institution inspected for the purposes of measures to be taken under the Act. Hence, under the provisions of the Act, a committee was constituted by the Government on 7.3.1984 to consider the cases of existing institutions for the purposes of measures which may be taken in their respect as may be necessary. The Committee submitted its report, and as per its recommendations, Government took decision to takeover the College, along with two other engineering colleges, namely, Indian College of Engineering, Motihari (for short „ICE‟) and Jagannath Mishra Institute of Technology (for short „JMIT‟), Darbhanga. Accordingly, the Bihar Private Engineering College (Taking Over) Ordinance, 1986 (Ordinance 37/1986) (ultimately replaced by Act 4 of 1991) was issued for takeover of the three Colleges. With the - 14 - promulgation of the Ordinance, the three Colleges thus stood transferred and vested in State Bihar with effect from 9.12.1986 with all their assets and properties but free from all encumbrances. As a consequence of the takeover of the Colleges, by virtue of the provisions of sub-section (1) of section 5, the employees working therein ceased to be the employees of the Engineering Colleges and became ad-hoc employees in the respective Colleges, pending final decision of the State Government in their respect in