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LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Suresh Chandra Jha – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Arijit Pasayat, J. - Leave granted.
2. Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Patna High Court. By the impugned judgment the Division Bench set aside the judgment rendered by a learned Single Judge who had quashed the notification dated 31.1.1991 issued by the State Government purportedly issued under the Bihar Private Engineering College (Control Ordinance) 1986 (in short Ordinance) which was subsequently replaced by the Bihar Private Engineering College Control Act 1990 (in short the Act). The appellant had questioned the legality of Section 5(3) of the Ordinance/Act which was accepted by learned Single Judge. But the Division Bench by the impugned judgment upset judgment of learned Single Judge.
3. Background facts in a nutshell are as follows:
In response to the advertisement for appointment to the post of Assistants in the Dr. Joggnath Mishra Institute for Technology (a private institution hereinafter referred to as the Institute) appellant and several others applied for the said post. After selection at a test conducted, 5 persons were appointed and the appellant was one of them. Appellant was appointed vide
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