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Patna High Court - Orders

Dayanand Jha vs The Vice Chancellor Kameshwar Singh ... on 8 August, 2018

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20790 of 2014
                 ======================================================
                 Dayanand Jha S/O Late Gutar Jha, Resident of Village-Darhar, P.S-
                 Bahadurpur, District-Darbhanga                       ... ... Petitioner/s
                                                   Versus
            1.   The Vice Chancellor Kameshwar Singh Darbhanga, Sanskrit University,
                 Darbhanga.
            2.   The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
            3.   The Principal, Ram Autar Gautam Sanskrit, College, Ahilya asthan,
                 Darbhanga, District- Darbhanga. null null
            4.   The Registrar, Ram Autar Gautam Sanskrit, College, Ahilya asthan,
                 Darbhanga, District- Darbhanga.                 ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Ravindra Kumar Sinha
                 For the Respondent/s   :     Mr. Awadhesh Prasad Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

3   08-08-2018

The Director, Higher Education is required to file affidavit in the instant case particularly on the point that how the State can restrict the post of non-teaching employee in Sanskrit College contrary to need based and allow others institutions receiving grant-in-aid to increase number of non-teaching employee on need basis as State is State in all activities and cannot adopt different yardstick in the matter of sanction of post as it has been held out by the Apex Court in the case of R.D. Shetty vs. International Airport Authority AIR 1979 SC 1628 that even in the matter of distribution of largess and bounty the State cannot act arbitrary and adopt pick and choose method.

Put up after four weeks.

(Anil Kumar Upadhyay, J) Ravi/-

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