IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4652 of 1998 1. Dr. Nirmal Kumar Srivastava, son of late Adya Sharan Lal, Reader in Commerce, B.D. Enening College, Mithapur, Patna. 2. Dr. Bhuneshwar Nath Ojha, son of late Jagarnath Ojha, Reader in Philosophy, B.D. Evening College, Mithapur, Patna. 3. Dr. Kumar Shakti Sinha, son of Rabineshwawr Bahadur Sinha, Reader in Sociology, B.D. Evening College, Mithapur, Patna. 4. Dr. Prem Bihari Lal, son of late Shiv Shankar Lal, Reader and Head in English, B.D. Evening College, Patna. 5. Dr. Shashi Bhushan Sinha, son of late Hanuman Prasad, Reader in Political Science, B.D. Evening College, Mithapur, Patna. 6. Dr. Sachidanand Prasad Singh, son of late Baidyanath Singh, Reader in Hindi, B.D. Evening College, Mithapur, Patna. 7. Dr. Vijay Kumar Lal, son of late Chandrika Prasad, Reader in Sociology, B.D. Evening College, Mithapur, Patna. 8. Dr. Dhananjay Prasad Shrivastava, son of late Jagpati Lal, Reader in Botany, B.D. Evening College, Mithapur, Patna. 9. Dr. Phanindra Kumar Singh, son of Sri Kamala Prasad Singh, Reader in Economics, B.D. Evening College, Mithapur, Patna. 10. Dr. Bhartendu Kumar Sinha, son of late Shatrughan Prasad, Reader in Botany Department, B.D. Evening College, Mithapur, Patna. 11. Dr. Karmbir Prasad, son of late Raghunath Prasad, Reader in Mathematics Department, B.D. Evening College, Mithapur, Patna. 12. Dr. Dwarika Prasad Shrivastava, son of Sri Ram Sunder Lal, Reader and Head in Prakrit, B.D. Evening College, Mithapur, Patna. 13. Dr. Rajni Kamal, Wife of Dr. B.K. Sinha, Reader in Zoology, B.D. Evening College, Mithapur, Patna. 14. Dr. Upendra Kumar Singh, son of late Rashnarayan Sinha, Reader in English, B.D. Evening College, Mithapur, Patna. 15. Dr. Pramod Kumar Agrawal, son of late Brahma Prasad Agarwal, Reader in Commerce, B.D. Evening College, Mithapur, Patna. 16. Dr. Shiva Kant Mishra, son of late Jainendra Mishra, Reader in Commerce, B.D. Evening College, Mithapur, Patna. 17. Dr. Bindeshwari Prasad, son of late Shiv Gulam, Reader in Economics, B.D. Evening College, Mithapur, Patna. 18. Dr. Tripurari Singh, son of late Garurdeo Singh, Reader in Political Science, B.D. Evening College, Mithapur, Patna. 19. Ujjawala Chakravorty, Wife of Sri S.K. Chakravorty, Reader in Bengali, B.D. Evening College, Mithapur, Patna. 20. Shikha Chatterjee, Daughter of Dr. N.C. Chatterjee, Reader in Psychology, B.D. Evening College, Mithapur, Patna. 21. Dr. Surendra Kumar Karn, son of Sri D.S.P. Sinha, Reader in Mathematics, B.D. Evening College, Mithapur, Patna. 22. Basudeo Prasad, son of Sri Ram Kishore Sao, Reader in Commerce, B.D. Evening College, Mithapur, Patna. --------- Petitioners Versus 1. The Magadh University through the Vice-Chancellor having its office at Bodh-Gaya, Dist. Gaya. 2 2. The Registrar, Magadh University, having his office at Bodh- Gaya, Dist. Gaya. 3. The Finance Officer, Magadh University having his office at Bodh-Gaya, Dist. Gaya. 4. The State of Bihar through the Secretary-cum-Commissioner, Human Resources Development Department having its office in Vikas Bhavan, New Secretariat, P.S. Dist. Patna. --------- Respondents ----------- 8 22.7.2011 Having heard Mr. Manmohan, learned counsel for the petitioner as with regard to the correctness of the impugned order dated 22nd May, 1998 reading as follows:- “By Registered Post MAGADH UNIVERSITY BODHGAYA Ref. No. 52/GI’D’ Dated, the 22 May 1998. From, The Registrar, Magadh University, Bodh-Gaya. To, The Principal of 4th Phase Constituent Colleges Under Magadh University. Sub:- Promotional benefits to the teachers of 4th Phase constituent colleges. Sir/Madam, With reference to the above noted subject I am directed to inform you that the teachers of 4th phase constituent colleges are not eligible for promotional benefits because the services of the teachers of the newly converted colleges have not been finally taken over by the University, as their cases are pending for final disposal at the level of Chancellor/Government. Secondly, the University Service Commission returned their cases to the University without giving occurrence with the observation that the Commission does not give concurrence for the promotion of teachers in 4th phase colleges. Subsequently, the Screening Committee of the University did also into consider their cases for promotion. Thirdly, as per the provision in the University Statutes, a promotion has to be concurred by the Commission within six months, in case of failure to get concurrence the promotee will get reverted to his original post. In such circumstances the teachers of 4th phase Constituent colleges are not eligible for promotional benefits till their 3 services are regularized and concurrence of Commission on their promotion, recommended by Screening Committee is obtained. Yours faithfully, Sd/- N.K. Shastree REGISTRAR, MAGADH UNIVERSITY BODHGAYA.” this Court is of the considered opinion that in view of the subsequent event of screening the appointment of all the teaching personnel of the 4th phase constituent colleges by Justice S.C. Agarwal Commission and its approval in-toto by the Apex Court in the case of State of Bihar & Ors. Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors. reported in 2005(1)PLJR 464 SC, there can be now no difficulty in considering the case of promotion of the petitioner as may be admissible to them under the University law and statute. As a matter of fact, when the University has already issued the consequential notification pursuant to the direction of the Apex Court in the aforesaid case as is apparent from Annexure-11 and 12 Series to the reply to the counter affidavit filed by the petitioners, this Court would only direct the University to also settle the claim of promotion of the petitioner strictly in accordance with law within a period of six 4 months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)