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different batches, swelled to over 1000. In the College, to manage the departments, laboratories and other activities, petitioners were appointed on class III and IV posts by the Managing Committee of the College during the period 1980 to 1986.

(ii) In the meanwhile, to regulate and control the running of technical institutions in private sector, State Government came up with an Ordinance, namely, the Bihar Engineering and Pharmacy Educational Institution (Regulation and Control) Ordinance, 1982, which was soon replaced by Bihar Act No. 63 of 1982. This Act provided for permission, recognition, affiliation and ancillary measures for regulation and control in the matters concerning opening and running of such institutions. This Act also empowered the State Government to get an institution inspected for the purposes of measures to be taken under the Act. Hence, under the provisions of the Act, a committee was constituted by the Government on 7.3.1984 to consider the cases of existing institutions for the purposes of measures which may be taken in their respect as may be necessary. The Committee submitted its report, and as per its recommendations, Government took decision to takeover the College, along with two other engineering colleges, namely, Indian College of Engineering, Motihari (for short „ICE‟) and Jagannath Mishra Institute of Technology (for short „JMIT‟), Darbhanga. Accordingly, the Bihar Private Engineering College (Taking Over) Ordinance, 1986 (Ordinance 37/1986) (ultimately replaced by Act 4 of 1991) was issued for takeover of the three Colleges. With the

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promulgation of the Ordinance, the three Colleges thus stood transferred and vested in State Bihar with effect from 9.12.1986 with all their assets and properties but free from all encumbrances. As a consequence of the takeover of the Colleges, by virtue of the provisions of sub-section (1) of section 5, the employees working therein ceased to be the employees of the Engineering Colleges and became ad-hoc employees in the respective Colleges, pending final decision of the State Government in their respect in terms of sub-section (3). Thereafter, in exercise of the powers in terms of sub- section (2) of the said section 5 of the Ordinance, by a Resolution No.1063 dated 24.4.1987, State Government constituted a Screening Committee (the 1st Committee) for screening of eligibility of the teaching and non- teaching staff, working in the three Colleges at the time of their takeover, for the purposes of takeover of their services and absorb them into Government service.

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students in all the disciplines taken together to 120 per year in each College. As pert the Resolution, the new disciplines and seat limits was to come into effect only after the students, already admitted in the Colleges up to immediately before takeover of the Colleges, appeared in the final year examination and, in the meanwhile, no new admissions was to be taken in any disciplines till then. It was noticed in the report that when the Committee held its final meeting on 9.6.1988 and decided to submit its report on the basis of available materials with the Committee without holding any further meeting, there was no material available with the Committee for its guidance for proposing staffing pattern. Therefore, in the said proposed staffing pattern, contained in Appendix XX, teacher - student ratio was fixed at 1:8, as per the All India Council for Technical Education (herein after to referred to as „AICTE‟) norms, and staffing pattern for non-teaching staff was proposed on the pattern of B.I.T. Sindri, a Government Engineering College. In this manner, the Committee recommended sanction of posts in each College for 60 teaching, 5 gazetted staff of different category, 26 technical supporting staff, 12 non-technical supporting staff and 96 class IV staff.

(xiii) An order dated 10.4.1997 of a learned Single Judge (A.K.Ganguly.J)passed in CWJC no. 3751 of 1991 (Vijay Sharma) is annexed as Annexure-7 with CWJC no. 1879 of 2004. 

                 By         this        order          learned        single        judge

        (A.K.Ganguly,J.)         allow      the     writ    application        by   short

order in the light of the judgment of Raghunath Singh‟s case [Para-6(iii)above].

7. RELEVANT LEGAL PROVISIONS Though preparation for takeover of the three private engineering colleges, namely Magadh Engineering College, Gaya, Indian College of Engineering, Motihari