IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 3548 of 2010 1. MANKESHWAR DAYAL MALDAHIYAR S/O LATE RAMESHWAR DAYAL MALAHIYAR DEMONSTRATOR, DEPARTMENT OF ZOOLOGY, J.D. WOMENS COLLEGE, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. JOINT SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. DIRECTOR, HIGHER EDUCATION GOVERNMENT OF BIHAR, PATNA 5. VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA, GAYA 6. REGISTRAR MAGADH UNIVERSITY, BODHGAYA, GAYA 7. THE FINANCE OFFICER MAGADH UNIVERSITY, BODH GAYA, GAYA 8. PRINCIPAL, J.D. WOMENS COLLEGE BAILEY ROAD, PATNA *** For the petitioner : Mr Abhitabh Kumar, Advocate For the S t a t e : Mr Ajit Kr, AC to GP 20 For the University : Mr Hans Raj, Advocate *** 2 12.10.2010 Having heard the learned counsel for the State and the learned counsel for the Magadh University, in my view, the question, as sought to be raised in the present writ petition, stands answered by judgment of this Court in the case of Laliteshwar Mishra “Lalitesh” & Others –Versus- State of Bihar & Others being CWJC No 1377 of 2010 and analogous cases decided on 21.09.2010. The question was with regard to redesignation of Lab Assistant/Lab Incharge as Demonstrators and consequences thereof. The writ petitions have been decided in favour of petitioners and it has been held that once the petitioners were 2 designated as Demonstrators and the State Government took a conscious decision to treat them as Demonstrators for all purposes with all benefits and Demonstrator being a Teacher, they were rightfully given promotions as Lecturers onwards which promotions were granted after being duly certified and approved by the Senate/Syndicate of the University. Those could not be taken back. The stand of the State was wrong in that regard. In the judgment itself, it has been noticed that the law, as decided in the said judgment, would apply to all Universities governed by the Bihar State Universities Act without any individual discrimination. Thus, the writ application is allowed. Annexure-11 being the office order of the Magadh University, as communicated under Memo No 844 dated 30.11.2009, is set aside. The petitioner would continue to be treated as Demonstrator for all purposes and intents. M.E.H./ (Navaniti Prasad Singh)