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2012 Supreme(Pat) 1325

SHIVA KIRTI SINGH, VIKASH JAIN
Santosh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Bindhyachal Singh, Birendra Narayan Sharma, Prashant Kumar.
For the State : M/s Rabindra Kumar Choubey, Ashok Kumar Verma.
For the University : Mr. Anil Kumar Sinha.
For the Respondents 9 & 10: M/s Arun Kumar, Bipin Kumar.

JUDGMENT

SHIVA KIRTI SINGH

1. Heard the parties.

2. Petitioner was a Lecturer in the Department of Political Science in Allama Iqbal College, Biharsharif, Nalanda. He filed the present writ petition in the year 2009 initially against part of letter dated 17.5.2009 contained in Annexure-12 by which he was shown to be working on the post which was an unsanctioned post of Lecturer in the Department of Political Science. His case was that subsequently appointed Lecturers have been wrongly shown to be occupying 3rd and 4th post which should not have been done and petitioner should have been treated to be working against those sanctioned posts. During the pendency of the writ petition an order dated 27.4.2010 was issued by the Secretary of the Governing Body of the aforesaid College terminating the services of the petitioner on the basis of an enquiry report. That order contained in letter dated 27.4.2010 was brought on record as Annexure-24 through I.A. No. 5778/2011 and now the prayer of the petitioner is also for quashing of the said order.

3. There is no dispute that the College is a religious minority institution and is affiliated to Magadh University and it also receives and from the



















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