Patna High Court - Orders
Gujeshwar Yadav& Anr vs Kameshwar Singh Darrbhanga San on 14 November, 2014
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15370 of 2010
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1. Gujeshwar Yadav S/O Late Singeshwar Yadav R/O Vill.- Bagdumma,
P.S.- Bounsi, Distt.- Banka
2. Surendra Kapri S/O Late Singeshwar Kapri R/O Vill.- Pathra, P.S.-
Barahat, Distt.- Banka
.... .... Petitioners
Versus
1. Kameshwar Singh Darrbhanga Sanskrit University Through The Vice-
Chancellor Of The Said University Kameshwar Nagar, Darbhanga
2. The Registrar Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga
3. Shyamacharan Vidhyapith Sanskrit College, Bounsi, Distt.- Banka
Through Secretary Of The Governing Body Of The Said College
4. The Principal, Shyamacharan Vidhyapith Sanskrit College, Bounsi,
Distt.- Banka
5. The State Of Bihar, Through The Principal Secretary Human Resources
Development Department, Vikas Bhawan, Bailey Road, Patna
.... .... Respondents
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Appearance :
For the Petitioners : Mr. Ajay Kr. Singh, Advocate
Mr. Balram Kapri
For the University : Mr. Ajay Kr. Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
3 14-11-2014The petitioners claim that they are working against class-IV posts of Peon which fell within the admissible staffing pattern of Shyamacharan Vidhyapith Sanskrit College, Bounsi, Distt.- Banka. They are said to have been appointed by the Governing Body of the college which is affiliated to Kameshwar Singh Darbhanga Sanskrit University. It is their case that they were working in the college since 1984.
I have heard learned counsel for the petitioners and learned counsel appearing on behalf of the University.
Learned counsel for the petitioners has placed reliance upon an order of this court dated 24.11.2011 passed in CWJC No. Patna High Court CWJC No.15370 of 2010 (3) dt.14-11-2014 2/2 12403 of 2007 and has contended that almost in similar circumstance the court directed the Governing Body of an affiliated college to send proposal for sanctioning the post to the University by giving all requisite details with all supporting details including the number of students in the college from time to time. He has also placed reliance upon a division Bench order of this court in the case of Bihar Sanskrit Mahavidyalaya Pradhyapak Karamchari Mahasangh & Ors v. the State of Bihar & Ors reported in 2003(3) PLJR 749.
Without going into the merits of the petitioners' claim for regularization of their services in the said college, I dispose of the writ application with a liberty to the petitioners to approach the Governing Body of the college along with a copy of the order dated 24.11.2011 passed in CWJC No. 12403 of 2007. The Governing Body of the college will thereafter consider the case of petitioners and proceed accordingly taking into account full Bench judgement of this court reported in 2013(1) PLJR 964 (Ram Sevak Yadav v. the State of Bihar & Ors). The court expects that the Governing Body will expeditiously dispose of the petitioners' representation within a period of six months from the date of receipt/ production of a copy of this order.
This writ application is disposed of accordingly. I have not gone into the question of maintainability of this writ application as there is dispute between the petitioners and a privately managed institution.
(Chakradhari Sharan Singh, J) BKS/-
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