IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11448 of 2009 DR.ASHOK KUMAR GHOSH, Son of Late Ganesh Chandra Ghosh, resident of Mohalla-Shastri Nagar, Road No. 4, P.S.-Kasim Bazar, District-Munger, retired University Professor Department of Botany, R.D. & D.J. College, Munger. …………Petitioner. Versus 1. The State of Bihar through The Principal Secretary Human Resources Development Department, Government of Bihar, Patna. 2. Director Higher Education, Government of Bihar, Patna. 3. Chancellor Universities of Bihar, Raj Bhawan, Bihar, Patna. 4. Tilka Manjhi Bhagalpur University through its Registrar, Tilka Manjhi University, Bhagalpur. 5. Principal R.D. & D.J. College, Shastrinagar, Munger. ……………..Respondents. ------------- 2/ 04.11.2009 Heard counsel for the petitioner, counsel appearing for T.M.B. Bhagalpur University, Bhagalpur and counsel representing Chancellor of the Universities and the State. I.A. No. 6797 of 2009 has been filed by the petitioner for allowing the petitioner to correct his name as appearing in the cause title of the writ application as well index, synopsis and first page of the writ application including the name of the petitioner mentioned in affidavit of the writ application. Petitioner’s name is Abhay Kumar Ghosh but on places mentioned above, it has been typed as Dr. Ashok Kumar Ghosh, which is corrected as Abhay Kumar Ghosh. The second prayer in the interlocutory application is for amending the relief prayed in the main writ application. In the main writ application prayer of the petitioner was for quashing of the notification dated 17.01.2009 issued by the Registrar of the university, informing him that he is going to superannuate on - 2 - completion of 62 years of age. Further prayer was for a declaration that the age of superannuation of teachers of university and colleges be 65 years as recommended by the University Grants Commission and similar amendment be brought under Section 67 of the Bihar Universities Act, 1976 since C.W.J.C. No. 2330 of 2009 and analogous cases have been allowed by this Court, directing to enhance the age of superannuation of the teachers of the universities and colleges of Bihar from 62 to 65 years as per the recommendation of the University Grants Commission, as such, first relief prayed by the petitioner has already been allowed and that needs amendment in the main writ application. So far the relief part is concerned, the petitioner has now confined his relief for a direction of framing of statute for re-employment of the teachers of universities of Bihar in between 65-70 years. Petitioner’s grievance is that since the time of first amendment in the University Act, till date no such statute has been framed which relates to the re-employment of university teachers, attaining the age of superannuation, which is essential, considering the existing several vacancies against the sanctioned posts, in the colleges and universities. The counsel representing the Chancellor of universities in Bihar has raised a question regarding maintainability of the writ application, stating that on account of the decision of this Court in Professor Jagdish Sharma and others and analogous cases, petitioners’ age of superannuation is also going to be enhanced - 3 - from 62 to 65 years, in case the State Government decides to implement it. Immediately the petitioner has no cause of action for filing writ application with relief prayed therein. The cause of action has still not arisen to the petitioner and he has not locus for filing such an application, as the writ application has been filed by the petitioner in his individual capacity. The counsel appearing for the university has also challenged the maintainability of the writ application on the ground that it is pre-mature, in view of the judgment passed in C.W.J.C. No. 2330 of 2009 and analogous cases. Unless the State Government refuses to implement the direction of this Court there is no reason for the petitioner for coming to this conclusion that the age of superannuation of universities and colleges teachers in the State of Bihar as per the direction of this Court is not going to be enhanced up to 65 years. Considering the recommendation of the University Grants Commission this Court has directed to enhance the age of superannuation under the provisions of Section 67 of the Bihar Universities Act and Section 64 of the Patna Universities Act. The U.G.C’s. recommendation is to be adopted by the State Government as a package. In the package of the U.G.C. there is specific provision for re-employment and that specific provision if, in case implemented, will naturally enhance the scope for re-employment from 65-70 years under the statute of Universities Act also provided for re-employment. In the given circumstance, the writ application - 4 - filed by the petitioner is premature and, as such, not maintainable. Considering the submissions made by the parties and the order passed by this Court in C.W.J.C. No. 2330 of 2009 and analogous cases, I find that petitioner has at present no locus for filing such an application as none of his individual rights are going to be affected in case the provision of the re-employment from 65-70 years is not implemented by the State Government and the universities. Petitioner on account of enhancement of superannuation of age is presumed to continue in service till 65 years. The individual cause will accrue to him after he attains 65 years and at present he is not going to be affected. The ground taken by the university counsel regarding pre-maturity of the application has also much substance. Petitioner’s case is not maintainable. It is dismissed on the point of maintainability. Sanjeet/ (Mridula Mishra, J.)