Patna High Court - Orders
Nikhil Kumar vs The State Of Bihar on 17 May, 2019
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7520 of 2019
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1. Nikhil Kumar Son of Prabhat Kumar Singh Resident of Ward no.28, Lohiya
Nagar, Suhird Nagar, Begusarai presently working as Guest Assistant
Professor/Lecturer on contract in Rashtrakavi Ramdhari Singh Dinkar
Engineering College, Begusarai, Bihar.
2. Kundan Kumar Son of Sri Shailesh Singh Resident of Village-Mathiyapur,
P.O-Jamsaut Danapur, P.S Sahapur District-Patna presently working as
Guest Assistant Professor/Lecturer on contract in Saharsa Engineering
College, Saharsa, Bihar.
3. Raushan Kumar Son of Sri Rajendra Prasad Resident of Village-Haribella,
P.S-Bathnaha Harri, District-Sitamarhi presenlty working as Guest Assistant
Professor/Lecturer on contract in Rashtrakavi Ramdhari Singh Dinkar
Engineering College, Begusarai, Bihar.
4. Kumar Saurabh Son of Vidya Bhushan Das Resident of-108 E/1 Behind Mir
Singh Compound, Munirka Village South West Delhi, District-Delhi
presently working as Guest Assistant Professor/Lecturer on contract in
Saharsa Engineering College, Saharsa, Bihar.
5. Srideo Kumar Son of Sudama Pandit Resident of Village and P.O-
Dharmdiha, Near Prathmik Vidyalaya P.S-Barahat District-Banka presently
working as Guest Assistant Professor/Lecturer on contract in Purnea
Engineering College, Purnea, Bihar.
6. Priya D/o Chandra Bhushan Singh Resident of Village-Adharpur, P.O-
Teghra District-Begusarai presently working as Guest Assistant
Professor/Lecturer on contract in Rashtrakavi Ramdhari Singh Dinkar
Engineering College, Begusarai, Bihar.
7. Rajiv Kumar Singh Son of Dip Narayan Prasad Singh Resident of-Pokhar
Road, Badi Sardho, District-Bhagalpur Guest Assistant Professor/Lecturer
on contract in Rashtrakavi Ramdhari Singh Dinkar Engineering College,
Begusarai, Bihar.
8. Ajay Kumar Son of Sri Madhusudan Pandit Resident of Village and P.O-
Shahpur P.S-Nawhatta District-Saharsa, presently working as Guest
Assistant Professor/Lecturer on contract in B.P Mandal College of
Engineering College, Madhepura, Bihar.
9. Alisha Priya D/o Sri Ajay Kumar Ranjan Resident of Village-Masiyan P.O-
Andi, P.S-Bind District-Nalanda presently working as Guest Assistant
Professor/Lecturer on contract in B.P Mandal College of Engineering
College, Madhepura, Bihar.
10. Ajay Kumar Son of Shatrughan Sah Resident of-Mahua Bazar, Rasalpur
Sonbarsa Raj District-Saharsa presently working as Guest Assistant
Professor/Lecturer on contract in Supaul Engineering College, Supaul,
Bihar.
11. Adarsh Raj Son of Sri Raj Kishore Prasad Resident of-Ajamnagar, Lalbagh
P.S-L.N Mithila University District-Darbhanga presently working as Guest
Assistant Professor/Lecturer on contract in Supaul Engineering College,
Supaul, Bihar.
Patna High Court CWJC No.7520 of 2019(4) dt.17-05-2019
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12. Sneha Kumari D/o Hari Nandan Yadav Resident of-Laloo Nagar, ward no.3,
District-Madhepura presently working as Guest Assistant Professor/Lecturer
on contract in B.P Mandal College of Engineering College, Madhepura,
Bihar.
13. Devanand Tiwari Son of Sri Vidya Sagar Tiwari Resident of Village-
Bhariyar P.O-Yogia P.S-Brahmpur District-Buxar presently working as
Guest Assistant Professor/Lecturer on contract in Shersah College of
Engineering, Sasaram, Bihar.
14. Monu Kumar Son of Suresh Prasad Resident of-Sadar Chowk, Opposite
Jyoti Jwellers Village-Dehri Bazar, P.S and P.O-Dheri on sone District-
Rohtas presently working as Guest Assistant Professor/Lecturer on contract
in Shersah College of Engineering, Sasaram, Bihar.
15. Pritam Anand Son of Ramesh Bhagat Resident of Village and P.O-Muraut
Alamnagar District-Madhepura presently working as Guest Assistant
Professor/Lecturer on contract in Shersah College of Engineering, Sasaram,
Bihar.
16. Pammi Kumari D/o Sri Birendra Prasad Gupta Resident of-Patori Bazar,
Ward no.6, Pachgachiya District-Saharsa presently working as Guest
Assistant Professor/Lecturer on contract in Government Engineering
College, Banka, Bihar
17. Anjani Kumari S/o Anant Prasad Singh Resident of House no.-1030, Ward
no.-6, Gali no.-5, Ashok Vihar District-Sonipat Haryana presently working
as Guest Assistant Professor/Lecturer on contract in Government
Engineering College, Banka, Bihar.
18. Manish Kumar Son of Sri Girish Prasad Gupta Resident of-Punai Chak,
Near P.N.B Bank District-Patna presently working as Guest Assistant
Professor/Lecturer on contract in Government Engineering College, Banka,
Bihar.
19. Neeraj Kumar Son of Daman Chandra Mishra Resident of Haldhar Jha Lane
Bargachh Chauk, Barari District-Bhagalpur presently working as Guest
Assistant Professor/Lecturer on contract in Government Engineering
College, Banka, Bihar
20. Chandan Kumar Jha Son of Bibhash Chandra Jha Resident of-Raja Bari
Lane Khirnighat Road, River Ganges Bari Khanjarpur, District-Bhagalpur
presently working as Guest Assistant Professor/Lecturer on contract in
Government Engineering College, Banka, Bihar
21. Sweety Kumari D/o Basudev Mandal Resident of Village-Ram Nagar P.O-
Polytechnic, Maranga District-Purnea. presently working as Guest Assistant
Professor/Lecturer on contract in Purnea Engineering College, Purnea,
Bihar.
22. Sajal Chakraborty Son of Sadhan Kumar Chakraborty Resident of-Durga
Asthan Professor Colony, District-Katihar presently working as Guest
Assistant Professor/Lecturer on contract in Purnea Engineering College,
Purnea, Bihar
23. Ravi Chandan Son of Ram Pravesh Mandal Resident of Village-Kahalgaon
Tola P.O-Khawaspur, P.S-Pirpaiti, District-Bhagalpur presently working as
Guest Assistant Professor/Lecturer on contract in Purnea Engineering
Patna High Court CWJC No.7520 of 2019(4) dt.17-05-2019
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College, Purnea, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Science
and Technology, Bihar, Patna.
2. The Principal Secretary, Department of Science and Technology, Bihar,
Patna.
3. The Principal Secretary, Department of General Administration, Bihar Patna.
4. The Joint Secretary, Department of Science and Technology, Bihar Patna.
5. The Special Secretary, Department of Science and Technology, Bihar Patna
6. The Director, Department of Science and Technology, Bihar Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar Manoj
For the Respondent/s : Mr.P.N. Shahi (Aag6)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 17-05-2019It appears that on account of certain difficulties in uploading the Order No.2 dated 17.04.2019 on the website, the same could not be uploaded, hence, the same is reproduced herein below for the convenience of the parties:-
"The present writ petition has been filed seeking challenge to the advertisement dated 07.03.2019, whereby and whereunder the respondents have sought applications from the proposed candidates for being appointed as Guest Assistant Professors/ Lecturers on contract basis in different faculties of Engineering colleges in the State of Bihar.
The learned Senior counsel appearing for the petitioner submits that the petitioner and other similarly situated Patna High Court CWJC No.7520 of 2019(4) dt.17-05-2019 4/5 Assistant Professors are already continuing on contract basis as Guest Lecturers in various Engineering colleges in the State of Bihar and now the State Government is again seeking to make appointments on contractual basis which is de hors the rules and regulations regarding appointment on the post of Assistant Professor/ Lecturer as also against the law laid down by the Hon'ble Apex Court to the effect that if once contractual appointments have already been made, the authorities are disentitled to make appointments on contractual basis on the same post. Reference in this regard has been made, by the learned Senior counsel, to a judgment reported in (1998) 9 SCC 78 (Keshav Narayan Gupta v. Zila Parishad).
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant four weeks' time to the respondents to file the requisite counter affidavit.
List this case after four weeks under the heading "For Orders".
In the meantime, it is directed that the final result pursuant to the aforesaid advertisement dated 07.03.2019 which is annexed as Annexure-6 series, shall not be published till the disposal of the present writ petition."
The aforesaid order shall be treated to be Order No.2 Patna High Court CWJC No.7520 of 2019(4) dt.17-05-2019 5/5 dated 17.04.2019.
(Mohit Kumar Shah, J) Tiwary/-
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