Patna High Court - Orders
Bucheshwar Mandal vs The State Of Bihar &Amp; Ors on 21 September, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 1377 of 2010
1. LALITESHWAR MISHRA "LALITESH" S/O SHRI ANIRUDDHA
MISHRA R/O AT+P.O.GARHIA, P.S.BANGAON, DISTT-SAHARSA
2. AJAY KUMAR MISHRA S/O SHRI ABHYANAND MISHRA R/O
AT MAYAKUTTI, G.P.PANDEY LANE,JOGSAR,
P.S.ADAMPUR,DISTT-BHAGALPUR
3. MD. EHTESHAM AHMAD S/O LATE MD. GHAFOOR R/O
KARAMAT ALI LANE, P.S.TATARPUR, DISTT-BHAGALPUR
4. SHYAM PRASAD SAH S/O LATE BIRO SAH R/O MIRJANHAT,
P.S.MOJAHIRPUR, DISTT-BHAGALPUR
5. RAJ KISHORE PANDEY S/O LATE JANARDAN PANDEY R/O
CHANDI PRASAD LANE ,
JOGSAR,BURANATH,P.S.AMAMPUR,DISTT-BHAGALPUR
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOMENT DEPARTMENT GOVT. OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVT.OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVT. OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION GOVT. OF BIHAR, PATNA
5. TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR
THROUGH ITS REGISTRAR
6. VICE CHANCELLOR TILKA MANJHI BHAGALPUR
UNIVERSITY, BHAGALPUR
7. REGISTRAR TILKA MANJHI BHAGALPUR UNIVERSITY,
BHAGALPUR
with
CWJC No.9321 of 2010
1. SATYA NARAIN THAKUR S/O LATE MAHADEO THAKUR R/O
VILL.- BANWARCHAK, P.S.- NAYA GAON, DISTT.- SARAN
2. RENU RANJAN KUMAR S/O LATE BISHWANATH SINGH R/O
VILL.- GHEGHTA, P.S.- GHEGHTA, DISTT.- SARAN
3. BINDESHWARI PRASAD SINGH S/O SHRI RAM NAND SINGH
R/O VILL.- SHEIKHPUR DHOOP, P.S.- AMNAUR, DISTT.- SARAN
4. DWIJENDRA NARAYAN SINHA S/O LATE SEOPOOJAN SINHA
R/O VILL.- NAUTAN, P.S.- AMNAUR, DISTT.- SARAN
5. KUMAR BHARAT BHUSHAN YATI S/O BRAJ BHUSHAN YATI
R/O VILL.- TOLI, P.S.- GUTHNI, DISTT.- SIWAN
6. GAUTAM KUWAR S/O LATE JANAK KUWAR R/O VILL.-
PHULWARIA, P.S.- RAGHUNATHPUR, DISTT.- SIWAN
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA
2
4. DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA
5. JAI PRAKASH UNIVERSITY, CHAPRA THROUGH ITS
REGISTRAR
6. VICE CHANCELLOR, JAI PRAKASH UNIVERSITY, CHAPRA
7. REGISTRAR, JAI PRAKASH UNIVERSITY, CHAPRA
with
CWJC No.9599 of 2010
1. KIRAN PRAKASH GUPTA, S/O LATE DINESH CHANDRA GUPTA,
R/O SONAR TOLI,P.S. SIWAN, DISTRICT-SIWAN.
2. NEELAM SRIVASTAVA, W/O AJAY KUMAR SRIVASTAVA, R/O
RAJENDRA NAGAR, P.S. SIWAN, DISTRICT-SIWAN.
3. MAITRI SUMAN, W/O LATE INDRADEO PRASAD, R/O RAJEEV
NAGAR GAUSHALA ROAD,P.S. SIWAN, DISTRICT-SIWAN.
4. NEERA KUMARI, W/O SUNIL KUMAR SRIVASTAVA, R/O
MOHALLA SHASTRI NAGAR,P.S. SIWAN, DISTRICT-SIWAN.
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,GOVT. OF
BIHAR,PATNA.
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA.
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA.
4. DIRECTOR, HIGHER EDUCATION, GOVT.OF INDIA, PATNA.
5. JAI PRAKASH UNIVERSITY, CHAPRA THROUGH ITS
REGISTRAR.
6. VICE CHANCELLOR, JAI PRAKASH UNIVERSITY, CHAPRA.
7. REGISTRAR, JAI PRAKASH UNIVERSITY, CHAPRA.
with
CWJC No.9650 of 2010
1. SUDHIR KUMAR JHA S/O LATE UPENDRA JHA
DEMONSTRATOR, DEPARTMENT OF ZOOLOGY, P.B.S.COLLEGE,
BANKA
2. PRAMOD NARAYAN SAH S/O LATE SHALIGRAM PRASAD SAH
DEMONSTRATOR, DEPARTMENT OF PHYSICS, P.B.S.COLLEGE,
BANKA
3. RATNESHWAR PRASAD BHAGAT S/O LATE RAM PRASAD
BHAGAT DEMONSTRATOR, DEPARTMENT OF BOTANY,
P.B.S.COLLEGE, BANKA
4. BISHWAJIT KUMAR SINGH S/O LATE DR. SUNANDAN PRASAD
SINGH DEMONSTRATOR, DEPARTMENT OF PHYSICS,
P.B.S.COLLEGE, BANKA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-
CUM-THE COMMISSIONER, DEPARTMENT OF FINANCE, GOVT.
OF BIHAR, MAIN SECRETARIAT PATNA
2. THE PRINCIPAL SECRETARY-CUM-THE COMMISSIONER
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF
BIHAR, NEW SECRETARIAT PATNA
3. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
3
4. THE ADDITIONAL SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW
SECRETARIAT, PATNA
5. THE JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
6. THE DIRECTOR, HIGHER EDUCATION DEPARTMENT, GOVT.
OF BIHAR, PATNA
7. THE T.M.BHAGALPUR UNIVERSITY BHAGALPUR, THROUGH
ITS REGISTRAR
8. THE VICE-CHANCELLOR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
9. THE PRO-VICE CHANCELLOR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
10. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
11. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
12. THE PRINCIPAL P.B.S.COLLEGE, BANKA
with
CWJC No.1794 of 2010
1. BUCHESHWAR MANDAL S/O ADHIK LAL SINGH R/O GOLA
GHAT, SONBARSA LANE, LAL KHAN DARGAH CHOWK,
BHAGALPUR, P.S.- TATARPUR, TOWN AND DISTT.- BHAGALPUR
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-
CUM-THE COMMISSIONER, DEPTT. OF FINANCE, GOVT. OF
BIHAR, MAIN SECRETARIAT PATNA
2. THE PRINCIPAL SECRETARY-CUM-THE COMMISSIONER
HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR,
NEW SECRETARIAT, PATNA
3. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPTT., GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
4. THE ADDITIONAL SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPTT., GOVT. OF BIHAR, NEW SECRETARIAT,
PATNA
5. THE JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPTT., GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
6. THE DIRECTOR, HIGHER EDUCATION DEPTT., GOVT. OF
BIHAR, PATNA
7. THE T.M.BHAGALPUR UNIVERSITY BHAGALPUR, THOUGH ITS
REGISTRAR
8. THE VICE-CHANCELLOR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
9. THE PRO-VICE CHANCELLOR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
10. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
11. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY,
BHAGALPUR
12. THE PRINCIPAL B.N.COLLEGE BHAGALPUR
13. THE PRINCIPAL MARWARI COLLEGE BHAGALPUR
4
with
CWJC No.4327 of 2010
1. KESHAV RAI S/O LATE RAM BILAS RAI R/O VILL.- MARKHAR,
P.O. + P.S.- MOHANIA, DISTT.- KAIMUR ( BHABHUA )
2. JALENDRA SINGH S/O LATE RAM CHARITRA SINGH R/O VILL.-
DHANKADHA, P.O.- DHAUDARH, P.S.- SASARAM, DISTT.-
ROHTAS
3. ANIL KUMAR SINGH S/O SHRI SIGHASAN SINGH R/O VILL.-
PIPARI, P.O.- GAURI, P.S.- KARAHGAR, DISTT.- ROHTAS
4. SUBEDAR SINGH S/O LATE SHEODHARI SINGH R/O VILL.-
UBADHI, P.O.- KANIYARI, P.S.- DINARA, DISTT.- ROHTAS
5. JYOTISH NARAIN SINGH S/O LATE RAM GAHAN SINGH R/O
VILL.- LALGANJ, P.O. + P.S.- SASARAM, DISTT.- ROHTAS
6. RAJARAM SINGH S/O SRI RAMPATI SINGH R/O VILL.- KARAN,
P.O.- PACHPOKHARI, P.S.- BAGHAILA, DISTT.- ROHTAS
7. RAM BHARAT SINGH S/O SRI TAPESHWAR SINGH R/O VILL. +
P.O.- DEOKHAIRA, P.S.- KARAHGAR, DISTT.- ROHTAS
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT. OF BIHAR,
PATNA
2. SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT.
GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY HUMAN RESOURCES DEVELOPMENT
DEPTT. GOVT. OF BIHAR, PATNA
4. DIRECTOR HIGHER EDUCATION, GOVT. OF BIHAR, PATNA
5. VEER KUNWAR SINGH UNIVERSITY, ARRAH THROUGH ITS
REGISTRAR
6. THE VICE-CHANCELLOR VEER KUNWAR SINGH UNIVERSITY,
ARRAH
7. THE REGISTRAR VEER KUNWAR SINGH UNIVERSITY, ARRAH
with
CWJC No.11289 of 2010
1. UMESH PRASAD S/O LATE RAMESHWAR PRASAD SINGH R/O
ANAND BIHAR COLONY, NEAR MUSTAFABAD, P.S.- RAMPUR,
DISTT.- GAYA
2. DR. DURGA YADAV S/O LATE HARI YADAV R/O MOHALLA-
RAMPUR, P.S.- RAMPUR, DISTT.- GAYA
3. S.N. AHMED S/O LATE SHAH MOHAMMAD SHAKIL R/O R.NO.5,
WHITE HOUSE COMPOUND, P.S.- RAMPUR, DISTT.- GAYA
4. S.M. RAZI AHMAD S/O S.M. HABIBUR RAHMAN R/O S.S.
COLONY, NEW KAREEMGANJ, P.S.- CIVIL LINES, DISTT.- GAYA
5. JANAK PRASAD SINGH S/O LATE RAMESHWAR MAHATO R/O
MOHALLA- BAIRAGI, NEAR CENTRAL SCHOOL, P.S.- DELHA
GAYA, DISTT.- GAYA
6. DR. ASHOK KUMAR S/O LATE AMBICA PRASAD SETH R/O
MOHALLA- POLICE LINES ROAD, NEAR P.H.E.D. OFFICE, P.S.-
RAMPUR, DISTT.- GAYA
7. ASHOK KUMAR SINGH S/O LATE CHANDRAMANI PRASAD
SINGH R/O VILL.- KENDUI, P.S.- A.N. MAGADH MEDICAL
COLLEGE, DISTT.- GAYA
5
8. DR. QAISAR AHMAD S/O LATE HABIB AHMAD R/O GEWAL
BIGHA, KOELI POKHAR, P.S.- RAMPUR, DISTT.- GAYA
9. VIJAY KUMAR SINHA S/O BHOLA NATH SINHA R/O CHAND
CHAURA (GABRA PAR), P.S.- CIVIL LINES, DISTT.- GAYA
10. DR. GIRISH PRASAD S/O LATE JAGDISH PRASAD R/O
GHUGHARI TAND, MALI BAGICHA, P.S.- CIVIL LINES, DISTT.-
GAYA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA
5. MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS
REGISTRAR
6. VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA
7. REGISTRAR, MAGADH UNIVERSITY, BODH GAYA
with
CWJC No.13910 of 2010
1. JAI RAM SINGH, SON OF LATE GOVIND SINGH, RESIDENT OF
GOSAIBAG, SINGH NIWAS, STATION ROAD, P S - KOTWALI,
DISTRICT - GAYA
2. BRAJENDRA KUMAR SINGH, SON OF LATE GOPAL SINGH,
RESIDENT OF GOPAL NIWAS, NEW AREA, BISAR TANK, P S -
CIVIL LINES, DISTRICT - GAYA
3. INDRA PAL SINGH, SON OF LATE SITA RAM SINGH, RESIDENT
OF LIG - 07, H B COLONY, NEAR ASHA SINGH MORE, P S -
RAMPUR, DISTRICT - GAYA
4. NARMADESHWAR PANDEY, SON OF LATE KRISHNA DEO
PANDEY, RESIDENT OF SITA RAM BHAWAN, NUTAN NAGAR, P S
- CIVIL LINES, DISTRICT - GAYA
5. AKHILESH PRASAD, SON OF LATE RAMESHWAR PRASAD,
RESIDENT OF AT + PO - NEHALPUR, P S - PARAS BIGHA,
DISTRICT - JEHANABAD
6. SHREEKANT PRASAD, SON OF LATE SUDARSHAN PRASAD,
RESIDENT OF AT - LAKHIBAG, NEAR SUDHA TALKIES, P S -
MOFFASIL, DISTRICT - GAYA
7. BALKESHWAR PRASAD VERMA, SON OF LATE SUKHU
PRASAD VERMA, RESIDENT OF AT - KUSHWAHA COLONY,
NEAR RAJENDRA ASHRAM, P S - CIVIL LINES, DISTRICT - GAYA
8. DR RAM KRIT YADAV, SON OF SHRI PREMAN YADAV,
RESIDENT OF VILLAGE - GHORWADIH, P S - SHERGHATI
(DOBHI), DISTRICT - GAYA
9. RAMASHISH KUMAR SINGH, SON OF LATE GANESH SINGH,
RESIDENT OF VILLAGE - NAWADA, P S - GURUA, DISTRICT -
GAYA
6
10. RAGHUBANSH KUMAR SINGH, SON OF LATE JANAKDEO
SINGH, RESIDENT OF VILLAGE - PIPRAURA, P S - MADANPUR,
DISTRICT - AURANGABAD
11. DHIRENDRA SINGH, SON OF LATE MUNDRIKA N SINGH,
RESIDENT OF VILLAGE - PALAKIA, P S - SHERGHATI, DISTRICT
- GAYA
12. BINOD KUMAR, SON OF LATE KAMLA SINGH, RESIDENT OF
AT - MOHANPUR, P S - SHERGHATI, DISTRICT - GAYA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, HUMAN RESOURCES 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. MAGADH UNIVERSITY, BODH GAYA THROUGH ITS
REGISTRAR
6. VICE CHANCELLOR, MAGADH UNIVERSITY, BODY GAYA
7. REGISTRAR, MAGADH UNIVERSITY, BODY GAYA
with
CWJC No.11356 of 2010
1. JIBAY NARAYAN MISHRA S/O LATE SUKHDEO MISHRA R/O
RATNA SMRITI, SAHAY CAMPUS, CHHATA CHAOWK, P.S.KAJI
MAOHAMMADPUR, DISTT-MUZAFFARPUR
2. GIRIJESH KUMAR SHARMA S/O LATE RAMESH CHANDRA
SHARMA R/O MOH BRAHMAPURA (RAHUL NAGAR), ROAD NO.3,
P.S.BRAHMAPUR, DISTT-MUZAFFARPUR
3. PRAVIN KUMAR S/O LATE AWADHESH KUMAR VERMA R/O
MOH SHIVPURI, LANE NO.2, DAMOCHAK, P.S.KAJI
MOHAMMADPUR, DISTT-MUZAFFARPUR
4. DR. RAVINDRA KUMAR S/O SHRI TAPESHWAR THAKUR R/O
BEHIND SANJAY CINEMA, BRAHMAPUR, P.S.BRAHMAPURA,
DISTT-MUZAFFARPUR
5. LAL DEO RAI S/O LATE MANU RAI R/O VILL CHAKKASHI,
P.S.BIDUPUR, DISTT-VAISHALI
6. DR. RAM SIYAWAR SINGH/SINHA S/O LATE SUKHRAM SINGH
R/O VILL +P.O.BASANTPATTI, P.S.PUNAHIYA BAZAR, DISTT-
SHEOHAR
7. SUNIL KUMAR SHARMA S/O LATE JAGNATH PRASAD
SHARMA R/O VILL VANDIH, P.O.MARICHA, P.S.TAJPUR, DISTT-
SAMASTIPUR
8. GITA KUMAR S/O LATE SHIVNANDAN SINGH R/O NAYA
TOLA, BEHIND THE OLD EMPLOYMENT EXCHANGE,
KALAMBAGH ROAD, P.S. KAJI MOHAMMADPUR,DISTT-
MUZAFFARPUR
9. DR. SURENDRA KUMAR S/O LATE DURGA PRASAD BALUNI
R/O BADRINATH BHAWAN, IN FRONT FIVE STAR BRICKS,
ATTARDAH, P.S.SADAR, DISTT-MUZAFFARPUR
7
10. BRAJESHWAR SHARMA S/O SHRI RAMESHWARI SHARMA
R/O GADOPUR, P.O.KAMALPURA, VIA BAKHRA, P.S.PARU,
DISTT-MUZAFFARPUR
11. BRAJENDRA PRASAD SINGH S/O LATE DIGAMBER PRASAD
SINGH R/O VILL +P.O.REVASI, PS.RIGA, DISTT-SITAMARHI
12. UMESH PRASAD SINGH S/O SHRI JUGAL PRASAD SINGH R/O
BRAHMAPURA POKHAR, P.O.MIT, P.S.BRAHMAPUR,D ISTT-
MUZAFFARPUR
13. ARJUN YADAV S/O LATE BHAGLU YADAV R/O VILL
BARIYAHI, P.O.SIMARIA GHAT, P.S.BARAUNI, DISTT-BEGUSARAI
14. SUBHASH CHANDRA RAY S/O LATE JUGAL RAY R/O VILL
JAINAGAR, P.O.BANDARJHULA, P.S.SOBARSHA, DISTT-
SITAMARHI
15. RAMDHANI PRASAD YADAV S/O LATE JANGBAHADUR
YADAV R/O MOH CHRISTIAN QUARTER, BETTIAH, WAR NO.8,
P.S.BETTIAH, DISTT-WEST CHAMPARAN
16. GULAB CHANDRA S/O LATE BANARSI LAL R/O HANUMAT
NAGAR, UTTARVARI POKHRA, WARD NO.4, P.S.BETTIAH, DISTT-
WEST CHAMPARAN
17. BINAY CHANDRA CHAUDHARY S/O LATE LALITA PRASAD
CHAUDHARY R/O PROFESSOR'S COLLONY, NEAR RAM LAKHAN
SINGH YADAV COLLEGE, BETTIAH, P.S.MUFFAIL,DISTT-WEST
CHAMPARAN
18. JAGDISH PRASAD YADAV S/O LATE RAMAN RAI R/O VILL
SATHAURA, P.S.JITNA, DISTT-EAST CHAMPARAN
19. RAJENDRA PRATAP SINGH S/O LATE RAM LAGAN SINGH R/O
VARWAKAL, P.O. JHAJHARA, P.S. GHORASAHAN, DISTT-EAST
CHAMPARAN
20. OM PRAKASH BARNWAL S/O LATE CHHOTELAL GUPTA R/O
INDRAPURI COLONY , SUPRIYA CINEMA AIN ROAD,
P.O.BETTIAH, P.S.NAGAR THANA, BETTIAH, DISTT-WEST
CHAMPARAN
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT.OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVERNMENT OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION GOVT.OF BIHAR, PATNA
5. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR
6. VICE CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
7. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
with
CWJC No.13333 of 2010
1. ASHOK KUMAR SINGH S/O SRI HARI NARAYAN SINGH R/O
SAARI, P.O.- SAARI, P.S.- WARIS NAGAR, DISTT.- SAMASTIPUR
8
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPTT. GOVT. OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA
5. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR
6. VICE CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
7. REGISTRAR, B.R.A. AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
with
CWJC No.12557 of 2010
1. RAJ KISHORE RAY S/O LATE CHULHAI RAY R/O VILL
+P.O.MAHADEO PATTI, P.S. PARIHAR, DISTT-SITAMARHI
2. HARIKANT SINGH S/O LATE RAM PRAVESH NARAIN SINGH
R/O VILL +P.O.MAHAMMADPUR BALNAI, P.S.MOTIPUR, DISTT-
MUZAFFARPUR
3. RAMCHANDRA SINGH S/O LATE PHAKIRA SINGH R/O VILL
+P.O.ARNIA, P.S. JANDAHA, DISTT-VAISHALI
4. SATYENDRA RAI S/O SRI RAMJI RAI R/O VILL +P.O.ARNIA, P.S.
JANDAHA, DISTT-VAISHALI
5. ASHOK KUMAR BHAKTA S/O LATE LAXMI PRASAD BHAKTA
R/O VILL +P.O.SALHA, P.S.DESARI, DISTT-VAISHALI
6. NAND KISHOR PRASAD BHAKTA S/O LATE SARYUG PRASAD
BHAKTA R/O VILL +P.O.SALHA, P.S.DESARI, DISTT-VAISHALI
7. MOHAN PRASAD S/O LATE GIRJINANDAN PRASAD R/O VILL
NAWKATHANA, P.O.+P.S.RAMGARHWA, DISTT-EAST
CHAMPARAN
8. HARI SHANKER TIWARI S/O LATE BALDEV TIWARI R/O AT
JANERWA, P.O.ARERAJ, P.S.GOVINDGANJ, DISTT-EAST
CHAMPARAN
9. MOINUL HAQUE S/O AINUL HAQUE R/O VILL +P.O.PURANI
BAZAR, P.S.NARKATIAGANJ, DISTT-WEST CHAMPARAN
10. ANAND VERMA S/O LATE BIRENDRA KUMAR VERMA R/O
VILL +P.O.NARKATIAGANJ, P.S.NARKATIAGANJ, DISTT-WEST
CHAMPARAN
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF
BIHAR, PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTEMENT GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT GOVT. OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION GOVT. OF BIHAR, PATNA
9
5. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR
THROUGH ITS REGISTRAR
6. VICE CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,
MUZAFFARPUR
7. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY
MUZAFFARPUR
with
CWJC No.14013 of 2010
1. DR.RAM BINOD PRASAD SINGH, SON OF LATE RAM
LAKHAN SINGH, RESIDENT OF 51, MARWARI AWAS GRIH,
FRAZER ROAD, PATNA
2. DR SUBHASH KUMAR SINGH, SON OF LATE RAM GHULAM
SINGH, RESIDENT OF AJANTA NIKETAN, DR PRABHUNATH
SINGH PATH, KESHARI NAGAR, PATNA
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, HUMAN RESOURCE
DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR,
PATNA
3. THE SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
4. THE JOINT SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT, GOVERNMENT OF BIHAR, PATNA
5. THE DIRECTOR, HIGHER EDUCATION, GOVERNMENT OF
BIHAR, PATNA
6. MAGADH UNIVERSITY, BODH GAYA THROUGH ITS
REGISTRAR, DISTRICT - GAYA
7. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA, DISTRICT - GAYA
with
CWJC No.2771 of 2010
1. BIRENDRA KUMAR MISHRA S/O SRI JAGDISH MISHRA R/O AT
PATEL NAGAR, P.O. T.N.B. COLLEGE, P.S. UNIVERSITY T.O.P.,
DISTT.- BHAGALPUR
2. MANOJ KUMAR SINGH S/O LATE DR. DUKHMOCHAN SINGH
R/O KHURHAN, P.O. KHURHAN, P.S.- ALAMNAGAR, DISTT.-
MADHEPURA
3. RAJESH NANDAN S/O LATE BALRAM CHANDRA GHOSH
RESIDING AT KHARUMANCHAK, D.N. SINGH ROAD, P.O.- G.P.O.,
BGP, P.S.- KOTWALI, DISTT.- BHAGALPUR
4. PRAKASH CHANDRA MISHRA S/O LATE BAGESH MISHRA AT
PRESENT RESIDING AT MARWARI COLLEGE HOSTEL, P.S.-
UNIVERSITY T.O.P., DISTT.- BHAGALPUR
5. MD. KAMRAN ANJUM S/O LATE MD. ZAKARIA R/O ALINAGAR,
P.S.- MOZAHIDPUR, DISTT.- BHAGALPUR
6. MIRZA ABUZAR HOSSAIN S/O LATE PROF. MIRZA MD.
HUSSAIN RESIDING AT ASSANANDPUR, P.O. PARBATI CHOWK,
P.S.- TATARPUR, DISTT.- BHAGALPUR
7. JAHANDAR ALI MEERZA S/O SRI YOUSUF MEERA RESIDING
AT WASIF MANZIL (E), URDU BAZAR ROAD, P.O.- G.P.O.,
BHAGALPUR, P.S.- KOTWALI, DISTT.- BHAGALPUR
10
8. DR. PRITI W/O SRI GYAN CHAND SAHAY RESIDING AT
PURANI SARAI, P.O. NATH NAGAR, P.S.- NATH NAGAR, DISTT.-
BHAGALPUR
9. DR. SRIMANTA MUKHOPADHYAY S/O LATE DR. BIMAL
KUMAR MUKHOPADHYAY G. MUKHERJEE ROAD, NAYA TOLA,
BHIKHANPUR, P.O.- G.P.O. BHAGALPUR, P.S. ISHAKCHAK,
DISTT.- BHAGALPUR
10. INTEKHAB HOSSAIN S/O LATE SHAH MAQSOOD HOSSAIN
RESIDING AT- SAHGANGI, P.O.- HABIBPUR, P.S.- HABIBPUR,
DISTT.- BHAGALPUR
11. DR. GANESH PRASAD MANDAL S/O LATE DASU MANDAL
RESIDING AT PATEL NAGAR, P.O. T.N.B. COLLEGE, P.S.-
UNIVERSITY T.O.P., DISTT.- BHAGALPUR
12. DR. ANAL KANT JHA S/O LATE DR. OM PRAKASH JHA
RESIDING AT AGA SAHAB LANE GOLA GHAT, P.O.- BGP CITY,
P.S.- TARAPUR, DISTT.- BHAGALPUR
13. DR. MD. SHAHAB AHMAD S/O LATE HAZI KHALIL AHMAD
RESIDING AT HAKIM AMIR HOSSAN LANE, P.O. TATARPUR, P.O.-
TATARPUR, DISTT.- BHAGALPUR
14. SRI RABINDRA PRASAD SAH S/O LATE RAGHUNATH PRASAD
SAH RESIDING AT MADUNU CHAK, P.O.- NIZAM HAT, P.S.-
MOJAHIDPUR, DISTT.- BHAGALPUR
15. SUBODH KUMAR CHOURASIA S/O SRI RAM KHELAWAN
MODI RESIDING AT MODI TOLA, P.O. - SULTANGANJ, P.S.-
SULTANGANJ, DISTT.- BHAGALPUR
16. RANJANA GANGULI W/O SRI T.P. MUKHERJEE RESIDING AT
MANJU VIHAR APARTMENT R.B.S.S. SAHAY ROAD, OPP. GUMTI
NO.1, BHIKANPUR, P.O. G.P.O. BHAGALPUR, P.S.- ISHAKCHAK,
DISTT.- BHAGALPUR
17. SRI PURUSHOTTAM MISHRA S/O SRI JAGDISH MISHRA
RESIDING AT BRAHMIN TOLA, P.O.- SABOUR, P.S.- SABOUR,
DISTT.- BHAGALPUR
18. SRI CHANDRA SHEKHAR THAKUR S/O LATE MAN MOHAN
THAKUR RESIDING AT UMESH NAGAR NEAR S.B.I., P.O.-
SABOUR, P.S.- SABOUR, DISTT.- BHAGALPUR
19. SYED IRFANUL HODA S/O LATE SYED AHSANUL HODA
RESIDING NEAR NEW ENGLISH HORIZAN SCHOOL, GUMTI NO.3,
BHIKHANPUR, P.O.- G.P.O. BHAGALPUR, P.S.- ISHAKCHAK,
DISTT.- BHAGALPUR
20. VIJAY KUMAR GUTA S/O SRI BASUDEO PRASAD BHAGAT
RESIDING AT PROF. COLONY, P.O. NAUGACHHIA, P.S.-
NAUGACHHIA, DISTT.- BHAGALPUR
21. HIRA PRASAD SINGH S/O SRI NAGESHWAR PRASAD SINGH
RESIDING AT SWARNDIH, P.O.- TARAPUR, P.S.- TARAPUR,
DISTT.- BHAGALPUR
22. SMT. MADHURI SINHA W/O SRI RAJ RANJAN KUMAR
RESIDING AT URMILANGAN MOGAL BAZAR, NEAR- DUSH
BHUJUMANDIR, P.O.- MUNGER, P.S.- KOTWALI, DISTT.-
BHAGALPUR
Versus
1. THE STATE OF BIHAR
11
2. SECRETARY HIGHER EDUCATION DEPARTMENT, GOVT. OF
BIHAR, PATNA
3. TILKA MANJHI UNIVERSITY, BHAGALPUR THROUGH ITS
REGISTRAR TILKA MANJHI UNIVERSITY, BHAGALPUR
4. VICE-CHANCELLOR TILKA MANJHI UNIVERSITY,
BHAGALPUR
5. REGISTRAR TILKA MANJHI UNIVERSITY, BHAGALPUR
6. FINANCE OFFICER TILKA MANJHI BHAGALPUR UNIVERSITY,
BHAGALPUR
7. H.O.D. OF P.G. DEPARTMENT OF CHEMISTRY OF T.M.
BHAGALPUR
8. H.O.D. OF P.G. DEPARTMENT OF BOTANY, T.M. BHAGALPUR
9. H.O.D. OF P.G. DEPARTMENT OF HOME SCIENCE OF T.M.
BHAGALPUR
10. PRINCIPAL J.R.S. COLLEGE, JAMALPUR
11. PRINCIPAL MARWARI COLLEGE, BHAGALPUR, DISTT.-
BHAGALPUR
12. PRINCIPAL T.N.B. COLLEGE, BHAGALPUR, DISTT.-
BHAGALPUR
13. PRINCIPAL MURARKA COLLEGE, SULTANGANJ, DISTT.-
BHAGALPUR
14. PRINCIPAL S.M. COLLEGE, BHAGALPUR, DISTT.-
BHAGALPUR
15. PRINCIPAL SABOUR COLLEGE, SABOUR, DISTT.-
BHAGALPUR
16. PRINCIPAL G.B. COLLEGE, NAUGACHHIA, DISTT.-
BHAGALPUR
17. PRINCIPAL R.S. COLLEGE, TARAPUR, DISTT. - MUNGER
18. PRINCIPAL B.R.M. COLLEGE, MUNGER, DISTT.- MUNGER
with
CWJC No.2002 of 2010
1. ABDUS SALAM S/O LATE MD. YASIN KHAN C/O DR.
M.Y.H.NAKIM, GEEN LAND SCHOOL DHARAMPUR, SAMASTIPUR
2. DR. AKHILESH CHANDRA SINGH S/O LATE CHANDRA MANI
SINGH R/O BEHIND RAM KRISHNA ASHRAM, BELA,
MUZAFFARPUR
3. SATYASHEEL KUMAR MISHRA S/O LATE JANARDAN PD.
MISHRA R/O BEHIND MODEL INTER COLLEGE, BAHADURPUR,
SAMASTIPUR
4. ARUN KUMAR GHOSH S/O LATE DR. PANCHU GOPAL GHOSH
R/O .............SHEELA BHAWAN, NEAR MODEL INTER COLLEGE,
BAHADURPUR, SAMASTIPUR
5. DR. SATYA NARAIN YADAV S/O LATE SANGAM LAL YADAV
R/O AZAD NAGAR, MOHANPUR, SAMASTIPUR, NORTH OF
B.R.B.COLLEGE, SAMASTIPUR
6. RAM NARAIN PRASAD CHAURASIA S/O BUJHAWAN
CHAURASIA R/O PURANI DURGA ASTHAN COMPOUND,
BAHADURPUR, SAMASTIPUR
Versus
1. THE STATE OF BIHAR
12
2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA
3. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPTT, GOVT. OF BIHAR, PATNA
4. THE DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES
DEVELOPMENT DEPTT, GOVT. OF BIHAR, PATNA
5. THE VICE CHANCELLOR, L.N.MITHILA UNIVERSITY,
DARBHANGA
6. THE REGISTRAR, L.N.MITHILA UNIVERSITY, DARBHANGA
7. THE FINANCE OFFICER, L.N.MITHILA UNIVERSITY,
DARBHANGA
8. THE PRINCIPAL, SAMASTIPUR COLLEGE, SAMASTIPUR
9. THE PRINCIPAL, B.R.B.COLLEGE, SAMASTIPUR
10. THE PRINCIPAL, U.R.COLLEGE, ROSERA, SAMASTIPUR
with
CWJC No.3090 of 2010
1. DR. RAKESH KUMAR SINGH S/O SHRI BISHWANATH PRASAD
SINGH R/O VILL.- GURHA, P.S.- REHLA, DISTT.- PALAMU
2. DR. ARUN KUMAR SINGH S/O LATE DR. KUNJ BIHARI SINGH
R/O DEEP KUNJ PROFESSORS' COLONY, K.G.ROAD, ARA, DISTT.-
BHOJPUR
3. DR. SWAPRAKASH SHARAN S/O LATE NITYA BIHARI SHARAN
R/O MOHALLA- AMLA TOLA, MADHUBANI, P.S.- KHAJANCHI
HAAT, DISTT.- PURNEA
4. DR. JITENDRA KUMAR SINGH S/O DR. SHYAM NARAYAN
SINGH R/O CLUB ROAD, ARA, P.S.- NAWADA, DISTT.- BHOJPUR
5. DR. GIRINDRA NATH TRIVEDI S/O SHRI YATINDRA NATH
TRIVEDI R/O VILL.+P.S.- KORANSARAI, DISTT.- BUXAR
6. SURENDRA KUMAR JHA S/O LATE SIBAN JHA R/O KAILASH
PURI, P.S.- NAWADA, DISTT.- BHOJPUR
7. KAMLESH KUMAR TIWARY S/O LATE PARAS NATH TIWARI
R/O NEAR VYAPAR MANDAL, BIHARI MILL, P.S.- NAWADA,
DISTT.- BHOJPUR
8. UDAYA SHANKAR TIWARY S/O LATE UMESH CHANDRA
TIWARY R/O VILL.+P.O.- DARUA, P.S.- HUSSAINABAD, DISTT.-
PALAMU
9. SHRIKANT PANDEY S/O LATE RAM SNEH PANDEY R/O VILL.-
DARE KHAP, P.S.- NARSARIGANJ, SASARAM, DISTT.- ROHTAS
10. RANA RANDHIR SINGH S/O SHRI UMESH SINGH R/O VILL.-
DEHRI, P.S.- AURANGABAD, DISTT.- AURANGABAD
11. UMA SHANKAR PRASAD S/O LATE BAIJNATH SAH R/O VILL.-
BARKA GAON, P.S.- TARARI, DISTT.- BHOJPUR
12. RAMAPATI OJHA S/O LATE MANGLACHARAN OJHA R/O
CHARKHAMBHA GALI, P.S.- ARA TOWN, DISTT.- BHOJPUR
13. SHAKILUS SAHAR S/O MD. FAZLE BARI R/O C/O M.F.BARI,
SAMANPURA, RAJA BAZAR, P.S. SHASTRINAGAR, DISTT.-
PATNA
14. SUSHILA SINGH W/O DR. KALPNATH SINGH R/O CLUB ROAD,
P.S.- NAWADA, DISTT.- BHOJPUR
13
15. JAG NARAYAN PRASAD CHAURASIA S/O LATE D.N.BHAGAT
R/O C/O LATE D.N.BHAGAT, VILL.- DUMARI CHHAPIYA, P.S.-
TARAIYA, SARAN, DISTT.- CHAPRA
16. RAMASHRAYA PRASAD S/O SHRI SIYASARAN PRASAD
SINGH R/O VILL.- LODIPUR, P.S.- MEHUS, DISTT.- SHEIKHPURA
17. KAPIL MUNI SINGH S/O LATE MARKANDEY SINGH R/O
PROFESSORS' COLONY, WARD NO. 5, PATEL NAGAR, BHABHUA,
P.S. BHABHUA, DISTT.- KAIMUR
18. VIJAYA KUMAR VERMA S/O LATE BHAGYA NARAYAN
PRASAD VERMA R/O RAVI CHOWK, ROAD NO. 2, NORTH PATEL
NAGAR, P.S. SHASHTRI NAGAR, DISTT.- PATNA
19. SHOBHA SINGH W/O SHRI SURESH PRASAD SINGH R/O
BAHIRO, P.S.- NAWADA, DISTT.- BHOJPUR
20. JANARDAN RAI S/O SHRI JAGDISH RAI R/O VILL.- DIANMAN,
P.S. KRISHNA BRAHMA, DISTT.- BUXAR
21. ADITYA NARAIN RAI S/O LATE RAM SUNDER RAI R/O
SUNDER SADAN, PATEL NAGAR, MAULABAG, P.S.- NAWADA,
DISTT.- BHOJPUR
22. RAMAKANT SINGH S/O AWADHBIHARI SINGH R/O KHOPIRA,
P.S.- PAWANA, DISTT.- BHOJPUR
23. JAI KUMAR SINGH S/O LATE CHHATHOO SINGH R/O
VILL.+P.S.- PAKRI, DISTT.- BHOJPUR
24. RAMESH PRASAD SINGH S/O LATE BINDESHWARI SINGH R/O
VILL.- KATARI, P.S.- KORMA, DISTT.- SHEIKHPURA
25. SURESH SINGH S/O LATE MARKANDEY SINGH R/O VILL.-
SAKERARI, P.S.- SAKERARI, DISTT.- CHANDAULI
26. UDAY SHANKAR CHOUDHARY S/O RAM SAKAL
CHOUDHARY R/O TILAK NAGAR, P.S.- KATIRA, DISTT.- BHOJPUR
27. AJAY KUMAR SINGH S/O LATE SURAJ SINGH R/O
PROFESSORS' COLONY, K.G.ROAD, P.S.- NAWADA, DISTT.-
BHOJPUR
28. GULAB CHAND RAM S/O LATE LAL MOHAR SINGH R/O NAYA
BAZAR, WARD NO.-6, P.S.- BUXAR, DISTT.- BUXAR
29. BIRENDRA KUMAR S/O LATE GANPAT CHAUDHARY R/O
DHANUPARA, ARA, P.S.- ARA TOWN, DISTT.- BHOJPUR
30. RAMA SHANKAR RAY S/O LATE RADHA MOHAN RAY R/O
VILL.- RAM DATAHI, P.S.- SHAHPUR, DISTT.- BHOJPUR
31. RAM MURTI RAI S/O SHEO JAG RAI R/O VILL.- JAMUAON,
P.S.- PIRO, DISTT.- BHOJPUR
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR,
PATNA
2. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT.,
GOVT. OF BIHAR, PATNA
3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPTT., GOVT. OF BIHAR, PATNA
4. DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA
5. VEER KUNWAR SINGH UNIVERSITY, ARA THROUGH ITS
REGISTRAR
6. VICE CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY, ARA
14
7. REGISTRAR, VEER KUNWAR SINGH UNIVERSITY, ARA
with
CWJC No.5227 of 2010
1. BINOD KUMAR S/O SRI SHAMBHU SARAN SINGH R/O 12/D,
MANGLAM BIHAR COLONY, ARA GARDEN, BAILEY ROAD,
PATNA, P.S.- RUPASPUR (DANAPUR), DISTT.- PATNA, AT
PRESENT WORKING AS DEMONSTRATOR IN THE DEPARTMENT
OF BOTANY, T.P.S. COLLEGE, PATNA
2. NARENDRA KUMAR SINHA S/O SRI BABAN PRASAD SINHA
R/O B/11 SACHIVALAYA COLONY, P.S. PATRAKAR NAGAR,
DISTT.- PATNA AT PRESENT WORKING AS DEMONSTRATOR IN
THE DEPARTMENT OF BOTANY, T.P.S. COLLEGE, PATNA
3. SUNIL CHANDRA SINGH S/O LATE SATISH CHANDRA SINGH
R/O A/20 SACHIVALAYA COLONY, P.S. PATRAKAR NAGAR,
DISTT.- PATNA, AT PRESENT WORKING AS DEMONSTRATOR IN
THE DEPARTMENT OF ZOOLOGY, T.P.S. COLLEGE, PATNA
4. ASHOK KUMAR SINGH S/O LATE SHATRUGHAN PRASAD
SINGH R/O SARKATTI KOTHI, PATLIPUTRA PATH OPPOSITE
TELEPHONE EXCHANGE, RAJENDRA NAGAR, PATNA-16
5. SACHCHIDA NAND PANDEY S/O LATE HARI NANDAN PANDEY
R/O NEW BENGALI TOLA, PRAGATI PATH, P.S. JAKANPUR,
DISTT.- PATNA
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN
RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA
3. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES
DEVELOPMENT, GOVT. OF BIHAR, PATNA
4. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR,
PATNA
5. THE MAGADH UNIVERSITY, BODH GAYA THROUGH ITS VICE-
CHANCELLOR
6. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA, DISTT.- GAYA
7. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTT.-
GAYA
8. THE FINANCE OFFICER, MAGADH UNIVERSITY BODH GAYA,
DISTT.- GAYA
9. THE PRINCIPAL, T.P.S. COLLEGE, PATNA
with
CWJC No.6474 of 2010
1. JAWED KARIM KHAN S/O LATE JAMALUDDIN KHAN R/O B-37,
P.C.COLONY, KANKARBAGH, PATNA-20, P.S.- KANKARBAGH,
DISTT.- PATNA, AT PRESENT WORKING AS DEMONSTRATOR IN
THE DEPARTMENT OF CHEMISTRY, T.P.S. COLLEGE, PATNA-1
2. YOGESHWAR KUMAR SINGH S/O LATE NARBEDESHWAR
PRASAD SINGH R/O FLAT NO. 10, INDRA NAGAR, ADARSH
COLONY, P.S. KANKARBAGH, DISTT.- PATNA, AT PRESENT
WORKING AS DEMONSTRATOR IN THE DEPARTMENT OF
PSYCHOLOGY, T.P.S. COLLEGE, PATNA-1
Versus
15
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN
RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA
3. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES
DEVELOPMENT, GOVT. OF BIHAR, PATNA
4. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR,
PATNA
5. THE MAGADH UNIVERSITY, BODH GAYA THROUGH ITS VICE-
CHANCELLOR
6. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA, DISTT.- GAYA
7. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTT.-
GAYA
8. THE FINANCE OFFICER, MAGADH UNIVERSITY BODH GAYA,
DISTT.- GAYA
9. THE PRINCIPAL, T.P.S. COLLEGE, PATNA-1
with
CWJC No.7729 of 2010
1. AKHAURI BIJAY PRAKASH SINHA S/O LATE AKHAURI
BIRENDRA PRAKASH SINHA R/O AKHAURI KUNJ MOH-
BIRATPUR, P.O./P.S.- AURANGABAD, DISTT.- AURANGABAD
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-
CUM-COMMISSIONER
2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN
RESOURCES DEPARTMENT, GOVT. OF BIHAR, NEW
SECRETARIATE, PATNA
3. THE SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT.
OF BIHAR, PATNA
4. ADDITIONAL SECRETARY, HUMAN RESOURCES DEPTT.,
GOVT. OF BIHAR, PATNA
5. THE JOINT SECRETARY, HUMAN RESOURCES DEPARTMENT,
GOVT. OF BIHAR, PATNA
6. THE DIRECTOR HIGHER EDUCATION DEPTT., GOVT. OF
BIHAR, PATNA
7. MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS
REGISTRAR
8. VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA,
BIHAR
9. REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, BIHAR
with
CWJC No.14360 of 2010
1. DR.RAJ KISHORE PRASAD SINGH, SON OF LATE RABINDRA
NATH SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF PHYSICS AT GAYA COLLEGE, GAYA
2. PRATIMA KUMARI, DAUGHTER OF SHYAMA CHARAN AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
CHEMISTRY AT GAYA COLLEGE, GAYA
3. DR RUPAM SINHA, DAUGHTER OF LATE M K SINHA, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
ZOOLOGY AT GAYA COLLEGE, GAYA
16
4. RAM CHARITRA PRASAD, SON OF LATE SRI BISHESHWAR
PRASAD, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF PHYSICS AT GAYA COLLEGE, GAYA
5. SHAMBHU PRASAD, SON OF LATE BASUDEO PRASAD, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
ZOOLOGY AT GAYA COLLEGE, GAYA
6. ASHOK KUMAR SINGH, SON OF LATE INDRADEO SINGH, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
PHYSICS AT GAYA COLLEGE, GAYA
7. SURENDRA KUMAR, SON OF SRI DARGAHI LAL, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
BOTANY AT GAYA COLLEGE, GAYA
8. MAHESHWAR SINGH, SON OF LATE JAGPRATAP SINGH, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
PHYSICS AT ANUGRAH MEMORIAL COLLEGE, GAYA
9. KAMESHWAR MISHRA, SON OF LATE SHEO NANDAN
MISHRA, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF CHEMISTRY AT ANUGRAH MEMORIAL
COLLEGE, GAYA
10. RANA YUGAL KISHORE SINGH, SON OF LATE RAM NIHORA
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF PHYSICS AT ANUGRAH MEMORIAL COLLEGE,
GAYA
11. PRADEEP KUMAR CHOUDHARY, SON OF LATE NANI GOPAL
CHOUDHARY, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF CHEMISTRY AT ANUGRAH MEMORIAL
COLLEGE, GAYA
12. VIKASH PRATAP SINGH, SON OF UDAY PRATAP SINGH, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
CHEMISTRY AT ANUGRAPH MEMORIAL COLLEGE, GAYA
13. TRIBHUWAN PRASAD SINGH, SON OF LATE VIVEKANAND
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF ZOOLOGY AT ANUGRAH MEMORIAL
COLLEGE, GAYA
14. ISH PRASAD SINGH, SON OF LATE TRIBHUWAN NATH
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF BOTANY AT ANUGRAH MEMORIAL COLLEGE,
GAYA
15. KRISHNA KUMAR TIWARY, SON OF SRI PARSURAM
TIWARY, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF PSYCHOLOGY AT S S COLLEGE, JAHANABAD
16. DEO SWAROOP SINGH, SON OF LATE GAURI SHANKAR
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF ZOOLOGY AT S S COLLEGE, JAHANABAD
17. DR ASHOK KUMAR SINGH, SON OF LATE SHYAM PRASAD
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF BOTANY AT S S COLLEGE, JAHANABAD
18. ANIL KUMAR SINHA, SON OF SRI GAURI SHANKAR PRASAD,
AT PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT
OF PSYCHOLOGY AT S S COLLEGE, JAHANABAD
17
19. VIJAY KUMAR, SON OF LATE CHANDRAMANI PRASAD
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF CHEMISTRY AT S S COLLEGE, JAHANABAD
20. ANIL KUMAR, SON OF SRI GOPAL SARAN SINGH, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
CHEMISTRY AT S S COLLEGE, JAHANABAD
21. MOTI LAL, SON OF SRI SAKHI CHANDRA MAHTO, AT
PRESENT POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
CHEMISTRY AT S S COLLEGE, JAHANABAD
22. SUNIL KUMAR SINGH, SON OF SRI KAULESHWAR PRASAD
SINGH, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPATMENT OF BOTANY AT S S COLLEGE, JAHANABAD
23. SUNIL KUMAR, SON OF SRI UMESH SINGH, AT PRESENT
POSTED AS DEMONSTRATOR IN THE DEPARTMENT OF
ZOOLOGY AT S S COLLEGE, JAHANABAD
24. DATTA SUJAN KUMAR, SON OF LATE CHINTA HARAN
DATTA, AT PRESENT POSTED AS DEMONSTRATOR IN THE
DEPARTMENT OF BOTANY AT S N SINHA COLLEGE,
JAHANABAD
Versus
1. THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN
RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA
3. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES
DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA
4. THE DIRECTOR, HIGHER EDUCATION, GOVERNMENT OF
BIHAR, PATNA
5. THE MAGADH UNIVERSITY, BODH GAYA THROUGH ITS VICE-
CHANCELLOR
6. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA, DISTRICT - GAYA
7. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA,
DISTRICT - GAYA
8. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA,
DISTRICT - GAYA
9. THE PRINCIPAL, GAYA COLLEGE, GAYA
10. THE PRINCIPAL ANUGRAH MEMORIAL COLLEGE, GAYA
11. THE PRINCIPAL, S S COLLEGE, JEHANABAD
12. THE PRINCIPAL, S N SINHA COLLEGE, JEHANABAD
with
CWJC No.7094 of 2010
1. DR. DEVENDRA KUMAR S/O LATE AMRIT PRASAD R/O VILL.-
MAHAWACHAK, P.S.- HARNAUT, DISTT.- NALANDA, AT
PRESENT- 81 L.I.C. COLONY, MOHALLA- CHITRA GUPTA NAGAR,
P.O.- LOHIYA NAGAR (KANKARBAGH), PATNA-20
2. DR. VIJYA RANI AGRAWAL W/O LATE RAJENDRA PRASAD
AGRAWAL RAJENDRA NIKETAN, OPPOSITE HOTEL KUNAL
INTERNATIONAL JAMAL ROAD, P.S.- KOTWALI, PATNA-800001
3. AMARESH KUMAR SINHA S/O SRI JAGDISH KUMAR SINHA
SHIV CHANDRA PATH, KALI MANDIR, HANUMAN NAGAR,
KANKARBAGH, PATNA-20
18
4. AJAI KUMAR SINHA S/O LATE JAI NANDAN PRASAD C/O PROF.
ARUN KUMAR SINHA, KASHI NATH LANE, P.S.- KADAM KUAN,
PATNA-8000003
5. HASINUSSAHAR W/O SHAHAB SAQUIB, D/O MR. M.F. BARI R/O
MOHALLA- SAMANPURA, P.S.- SHASTRI NAGAR, PATNA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
HUMAN RESOURCES DEVELOPMENT (HIGHER EDUCATION)
DEPARTMENT, BIHAR, PATNA
2. THE SECRETARY HUMAN RESOURCES DEVELOPMENT
(HIGHER EDUCATION) DEPARTMENT, GOVT. OF BIHAR, PATNA
3. THE ADDITIONAL SECRETARY HUMAN RESOURCES
DEVELOPMENT (HIGHER EDUCATION) DEPARTMENT, BIHAR,
PATNA
4. THE JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT
(HIGHER EDUCATION) DEPARTMENT GOVT. OF BIHAR, PATNA
5. THE DIRECTOR, HIGHER EDUCATION, BIHAR, PATNA
6. THE VICE-CHANCELLOR, MAGADH UNIVERSITY BODH GAYA,
GAYA
7. MAGADH UNIVERSITY THROUGH ITS REGISTRAR BODH-
GAYA, GAYA
with
CWJC No.8192 of 2010
DR.AJOY KUMAR, SON OF SRI RAM AUTAR
PRASAD, RESIDENT OF MOHALLA - NORTH MANDIRI, P S -
BUDHA COLONY, PATNA - 1, IN THE TOWN AND DISTRICT -
PATNA
Versus
1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCE DEVELOPMENT DEPARTMENT (HIGHER
EDUCATION), GOVERNMENT OF BIHAR, PATNA
2.THE SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF BIHAR,
PATNA
3.THE ADDITIONAL SECRETARY, HUMAN RESOURCE
DEVELOPMENT DEPARTMENT (HIGHER EDUCATION),
GOVERNMENT OF BIHAR, PATNA
4.THE JOINT SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF BIHAR,
PATNA
5.THE DIRECTOR, HIGHER EDUCATION, GOVERNMENT OF
BIHAR, PATNA
6.THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH-GAYA,
GAYA
7.MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH
GAYA, GAYA
with
CWJC No.8193 of 2010
1. SUSHIL KUMAR OJHA, S/O LATE BABU NAND OJHA, R/O
VILLAGE SURYAPUR, P.S.-TAJPUR, DISTRICT-SAMASTIPUR AT
19
PRESENT L.F.3/251, BLOCK NO.4 BAHADURPUR HOUSING
COLONY PATNA-26.
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
, HUMAN RESOURCE DEVELOPMENT DEPARTMENT (HIGHER
EDUCATION), GOVT. OF BIHAR, PATNA.
2. THE SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT (HIGHER EDUCATION), GOVT. OF BIHAR, PATNA.
3. THE ADDITIONAL SECRETARY, HUMAN RESOURCE
DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), GOVT. OF
BIHAR, PATNA.
4. THE JOINT SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT (HIGHER EDUCATION), GOVT. OF BIHAR, PATNA.
5. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR,
PATNA.
6. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA,
GAYA.
7. MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH
GAYA, GAYA.
***
For the petitioner : Mr Rajendra Prasad Singh, Sr Advocate
with M/s Abhinav Srivastava, Bal Mukund
Pd Sinha, Anil Kumar, Ashutosh Ranjan
Pandey, Anshuman, Ramanuj Tiwary,
Purushottam Kr Jha, Sanjay Kumar,
Dipak Kumar, Madhuresh Singh, Sharad
Kumar Sinha, Subhas Chandra Jha, Amit
Kumar Anand, Sunil Kumar Singh, Sitesh
Chandra Mitra, Advocates
For the S t a t e : M/s Sanjay Kumar No 2, G P 15,
Shail Kumari, S C 23, Nilu Agrawal,
G A X and Sanjay Kumar @ Sanju,
AC to GA X
For the Universities : M/s Vinay Kirti Singh, Shivendra
Kishore, Anil Singh, Ajay Behari
Sinha, Yugal Kishore, Harendra
Kumar Tiwari, Pushkar Narayan
Shahi and Sarvesh Kumar Singh,
Advocates
***
3 21.09.2010There being a common question involved in all these writ applications, counter affidavits and rejoinders having been filed, all 20 necessary parties having appeared, with consent, the cases were taken up for disposal at this stage itself.
The dispute relates to Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor working in various Universities established under and controlled by the Bihar State Universities Act, 1976. In short, the dispute arises from a decision taken by the State Cabinet on 06.06.2006 whereby following judicial pronouncements, the State Cabinet decided to redesignate the Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor as Demonstrator. This is being effectively undone by the impugned Circular, hence the writ petitions. The significance of this decision is that Lab Assistant/Lab Technician/ Lab Incharge/Lab Instructor is a non- teaching post whereas Demonstrator is a teaching post as defined by Section 2 (v) of the Bihar State Universities Act, 1976 which is quoted hereunder :
Section 2 (v) ... ... ...
"Teacher" includes Principal, University Professor, College Professor, Reader, Lecturer, Demonstrator and other person imparting instruction in department, college or institute maintained by the University ;"
Once these people became Demonstrators, Demonstrator being Teacher, they would get the promotional opportunities as substantial number of Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor were Doctorate degree holders though the basic qualification was only Graduation and Intermediate in some cases.
It is pursuant to this Cabinet decision dated 06.06.2006, which is not disputed, that the Communication No 1115 dated 14.06.2006 21 was issued by the Department of Human Resources Development (Higher Education) (Annexure-1 to the first writ petition). This circular clearly states about the decision of the State Government. It clearly states that the Government has taken a conscious decision that the Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor, on acquiring requisite academic qualification, being redesignated as Demonstrator, the post of Demonstrator would continue till their superannuation and upon their superannuation, the post of Demonstrator would stand surrendered. In paragraph-3 of the Circular, it was clearly stated that pursuant to redesignation of these persons as Demonstrators, they would be entitled to all benefits and promotional rights of the Demonstrator. There was no ambiguity in the said communication.
This Circular was clarified immediately on 01.08.2006 (Annexure-2) by the Department. The Department now clarified that to the extent of persons, who were required to be redesignated as Demonstrators in different Colleges, the post of Demonstrator would be deemed to be sanctioned for the period it is occupied by the said redesignated persons whereafter the post would cease. It further clarified that the entitlement to be redesignated as Demonstrator would be from the date they acquired the necessary academic qualification to be designated as Demonstrator. I may observe here that this was so because, as noted above, for some post, the initial qualification was Intermediate but the minimum qualification for a Demonstrator was Graduation and for being promoted to Lecturer, it was Post Graduate with certain minimum percentage of marks that was required. Thus, the clarification that upon 22 acquiring requisite qualification, they would be redesignated as Demonstrators and the benefits would arise from the date they acquire the qualification. This is Memo No 1456 dated 01.08.2006 (Annexure-2). The first writ petition deals with Tilka Manjhi Bhagalpur University, the facts of which are representative and referred to by this Court.
The University then, pursuant to the said Government Circulars, conducted an exercise of evaluating the academic qualification of such Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor for the purposes of redesignating them as Demonstrator. Having done that exercise, by Office Order No 177 of 2007, the University, under the signature of the Registrar dated 05.07.2007, published the detailed list also indicating therein the date from which the benefit would be given. In the said Office Order, it was clearly stated that they would be entitled to wages and other benefits of Demonstrators from the dates indicated therein.
Meanwhile, State released funds for all Universities for payment of wages and pensions. One of the said orders is Annxure-5 to the first writ petition being dated 12th June, 2007. By this Government decision almost Rupees 600 (Six Hundred) crores was released to various Universities for the payment aforesaid. In paragraph (8) thereof, the earlier stand was reiterated. It was clearly stated that those Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor, who were redesignated as Demonstrators, would be entitled to all benefits of Demonstrators including pay scale and other admissible allowances. Accordingly, Universities fixed pay scales and made payments. The 23 University also sent utilisation certificate, and in some cases, demanded some more money on this account.
In June 2008, again substantial funds were released and once again State made it clear that payment would, accordingly, be made to such redesignated Demonstrators.
Then comes the change in attitude. The change is by the impugned Government Circular dated 18th December, 2008 (Annexure-
10). At this stage, I may note that by this time, large number of redesignated Demonstrators who, as per the Cabinet decision, were to be treated as Demonstrators for all intents and purposes having been treated as Teachers in term of Section 2 (v) of the Bihar State Universities Act 1976, were granted promotions by being made Lecturers depending on their academic qualifications. Now this impugned Circular is issued. This Circular dated 18th December, 2008 in Clause (xii) creates a new controversy. It says that in view of the decision of the Apex Court, the Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor were only to be redesignated as Demonstrators and would, accordingly, be entitled only to the pay scale and admissible allowances of a Demonstrator but they cannot be treated as Teachers. It was further clarified that they would get this benefit only from the date of issuance of the letter of the State Government pursuant to decision of the Cabinet or individual letters in that regard.
The effect of the impugned Circular dated 18.12.2008 was two folds. Firstly, the date of entitlement of the pay scale or financial benefits as a redesignated Demonstrator got shifted from the date of 24 acquisition of requisite academic qualification to the date of issuance of letter. The second was that they were not to be treated as Teachers, ignoring the definition of "Teacher" as given under the Bihar State Universities Act, 1976 itself. Thus, they were disentitled to promotion as Lecturer or Reader and in all such cases, they would be demoted back to the redesignated post of Demonstrator as a non-Teacher and, thus, substantially bringing down their remuneration as well. This has been then followed by subsequent Circulars and directives of the State Government and University communications on the same deviant lines which all are under challenge.
On behalf of petitioners, it is submitted that State had itself considered the whole situation, when the State Cabinet considered the matter. It considered it in the right perspective but subsequently, forgetting the history, just to save money, such a perverse decision was taken and circulated. In my view, the submission of the petitioners appears to be correct. The reasons are as under.
Before proceeding further in the matter, it must be noted that this case relates more to the interpretation and understanding of judicial pronouncements rather than interpretation of Statute. For this purpose, we must keep two well known interpretative principles in mind.
The first, as noticed by the Apex Court in the case of Ashwani Kumar Singh -Versus- State of Uttar Pradesh Public Service Commission and others since reported in AIR 2003 Supreme Court 2661 and, in particular, what is said in paragraph-11 of the said reports :
"11. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation 25 of the decision on which reliance is placed. Observations of Courts are not to be read as Euclid's theorems nor as provisions of the statute. These observations must be read in the context in which they appear. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for Judges to embark into lengthy discussions, but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes. ... ... ..."
The second, as noticed by the Apex Court in the case of State of Orissa -Versus- Sudhansu Sekhar Misra and others since reported in AIR 1968 Supreme Court 647 and, in particular, what is said in paragraph-13 of the said reports :
"(13) ... ... ... A decision is only an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically follows from the various observations made in it. On this topic this is what Earl of Halsbury LC said in Quinn v. Leathem, 1901 AC 495.
"Now before discussing the case of Allen v. Flood, (1898) AC I and what was decided therein, there are two observations of a general character which I wish to make, and one is to repeat what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical Code, whereas every lawyer must acknowledge 26 that the law is not always logical at all."
It is not a profitable task to extract a sentence here and there from a judgment and to build upon it. ... ... ..."
If we look to the Supreme Court judgment which prompted the Cabinet decision being judgment in Civil Appeal No 4215-16 of 2002 (State of Bihar & Another etc etc -Versus- Radha K Jha & Others etc etc) dated 22.07.2002, the Apex Court dismissed the two appeals before it, one by the Teachers (Lab Assistants claiming promotional avenue) and the other by the State Government.
While dismissing the appeal of the State Government against the finding by the Division Bench of this Court that the Lab Assistant and their like were entitled to be considered for upgradation as Demonstrators, their Lordships observed thus :
"... ... ... Presently dispute is confined to compliance of the order passed in Writ Petition No 387/95 (R) and thereafter in contempt proceedings. ... ... ..."
They dismissed the appeal of the Teachers, as above, holding that Division Bench of this Court was correct in holding that the Single Judge could not issue mandamus to treat the Lab Assistants as Demonstrators and give them promotion as Lecturers as no such specific prayer was made. That was dependent on question of fact not properly pleaded.
In order to understand this observation, one has to go straightback to the judgment of this Court in CWJC No 387 of 1995 (R) being judgment dated 07.09.1995 from where this controversy started. A perusal of the said judgment would show that the writ petition had been 27 filed by Lab Assistant/Lab Technician/Lab Incharge/Lab Instructor making a grievance that they have absolutely no promotional avenues. They would join and retire from the same post. Demonstrator's post must be made available to them subject to them acquiring the qualification for the same and once they become Demonstrators that would open up the promotional avenue to them as Teachers. That precisely was the dispute. This Court noticed the dispute in detail. It noticed judgments of Supreme Court on the issue. It noticed earlier judgments of this Court in that regard. It specifically held that the claim was bona fide, genuine and legal but was to be considered by the State at the first instance. This Court, therefore, issued mandamus to the State to consider the matter and pass appropriate orders. State mechanically passed orders rejecting the claim. That became subject matter of contempt proceedings being MJC No 508 of 1995 (R) which was disposed of on 25.03.1996 wherein the order of the State Government rejecting the claim was set aside and they were directed to reconsider the matter in light of the judgment as delivered in the writ petition.
Thus seen, the claim of the like of the petitioners was virtually accepted by this Court but this Court wanted the order to be passed by the State as State was the authority in this regard. Again, that was not done.
That led to the second round of litigation being CWJC No 2176 of 1996 (R). The said writ application was allowed by judgment and order dated 03.04.1997. By the said judgment, this Court held that petitioners' like, who were the writ petitioners, were entitled to the relief 28 for being considered for redesignation as Demonstrator which would give them the right to seek promotion as a Teacher but this Court, while doing so, issued mandamus to the State to act accordingly and redesignate them as Demonstrators and to treat them as Teachers.
State appealed intra Court against this decision which led to the judgment in LPA No 274 of 1997 (R). The Letters Patent Appeal was partly allowed by judgment dated 09th December, 1998. The Division Bench of this Court held that so far as the entitlement is concerned, the learned Single Judge rightly held in favour of the petitioners but so far as the second part with regard to issuance of mandamus directing State to treat them as Teachers is concerned, the Division Bench vacated that part of the order on the ground that neither there was any specific prayer in the writ petition in that regard nor were facts adequately pleaded because to be designated as Teacher, there were some minimum qualification that was required.
State was aggrieved with the first part of the judgment of the Division Bench. The petitioners like were aggrieved by the second part of the judgment and that is how the two sets of appeals were filed before the Supreme Court both of which were dismissed clearly observing that the true import was compliance of order as passed in CWJC No 387 of 1995 (R) and the contempt therefrom being MJC No 508 of 1995 (R).
Thus, completing the full circle of events, what one has to see is what was in issue? What was decided? Was the Cabinet decision consistent with the decision? These questions are necessary to be looked into in view of the principles as enunciated in the two judgments of the 29 Apex Court, referred to above, namely, Ashwani Kumar Singh (supra) and State of Orissa (supra).
In my opinion, what was decided and what was sought to be done by this Court, as was not interfered by the Supreme Court, was that the right of the like of the petitioners to be treated as Demonstrators and, thus as Teachers giving them promotional avenues, as such, on being redesignated as Demonstrators. Consequently, the Cabinet decision conferring upon Lab Assistant etc redesignated as Demonstrator all rights of the Demonstrator was also correct. The natural consequence would be that all those Demonstrators, who had the requisite qualification of being promoted to the post of Lecturer, would, accordingly, be entitled to get those promotions because there already exists Universities Statute for promotion of Demonstrator to the post of Lecturers. That is contemplated in the scheme of things itself. That is what those petitioners wanted and that is what they got. That being so, the subsequent change in stand of the Government whereby it holds that redesignated Demonstrators would not be treated as Teachers would not only be in teeth of Section 2 (v) of the Bihar State Universities Act 1976, it would be in teeth of the Cabinet decision which is consistent with the judicial pronouncements. The whole controversy was about promotional avenue as Teacher which was ultimately granted by the State Cabinet on 06.06.2006 but was wrongly sought to be taken away by Circular dated 18.12.2008 and Circulars following it ostensibly only to reduce the financial burden of the State.
The result is that the State Government's Circular issued in the Department of Human Resources Development being Memo No 12 30 dated 18.12.2008 (Annexure-10) and similar Circulars/Communications/Notifications issued and follow up communications on similar line to that contained in Clause 2 (xii) thereof which holds that redesignated Demonstrators cannot be treated as Teachers has to fail and cannot be sustained. The consequence would be that all the redesignated Demonstrators, who have got promotion under the Universities Statute or otherwise as Lecturers or Readers, as the case may be, in whichever University in Bihar, would continue accordingly. They cannot be reverted nor their remuneration reduced.
The second result would be that they would be entitled to the benefits of Demonstrators not from the date of Cabinet decision nor from the date of any communication issued thereafter but from the day when they acquired requisite qualification for the same as per the conventional decision, which date in cases of Tilka Manjhi Bhagalpur University is to be found in the Office Order No 177 of 2007 dated 05.07.2007. There would be no question of reverting the promoted Lecturers/Readers to the post of Demonstrators or the redesignated Demonstrators to the post of Lab Assistant/Lab Technician/ Lab Incharge/Lab Instructor.
Before parting, I would like to clarify that this Court, having settled the law in this regard, it would apply to all Universities governed by Bihar State Universities Act, 1976 without any individual discrimination.
All the writ applications are, thus, allowed and all orders of the State and Universities following the order of the State Government 31 starting from Annexure-10 dated 18.12.2008 in the first writ application would, thus, stand quashed.
M.E.H./ (Navaniti Prasad Singh)