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1998 Supreme(Pat) 196

AFTAB ALAM
B. R. Ambedkar Bihar University Teachers Association – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s. Ravi Shankar Prasad, S.K. Sinha.
For the State : Mr. Ganga Prasad Roy.
For the B.R. Ambedkar Bihar University : Mr. Prabhunath Roy.
For Federation of University & College (Service) Teachers Association, Bihar : Prof. A.K.P Yadav (in person).
For the Tilka Manjhi Bhagalpur University : Mr. V.K. Jha.
For the Magadh University : Mr. Shivendra Kishore.
For the Petitioners (in CWJC 10687/95 a connected matter): Mr. Ganesh Prasad Singh.
For the Petitioners (in CWJC 7732/96 (in connected matter)): Dr. S.N. Jha.
Amicus Curiae : Mr. Chandra Shekhar.

JUDGMENT

Aftab Alam, J.

By order dated 30.7.1997 this Court constituted a one man committee of Mr. Justice S. Sarwar Ali requesting him to prepare the annual budget for the B.R.A. Bihar University after hearing the Government, the University authorities and other interested parties. After taking up the exercise as requested by this Court Mr. Justice Ali submitted two interim reports dated 3.11.1997 and 2.12.1997. In these reports he identified and formulated certain disputed legal issues which had cropped up in course of preparation of the budget and on which conclusive judicial pronouncement was deemed necessary before a realistic and meaningful budget could be finalised.

2. Copies of the two interim reports were given to Mr. Ganga Prasad Ray, A.A.G. III appearing for the State, lawyers appearing for the different Universities and counsel for the petitioners in each of this batch of cases. Later, all the parties were heard at length on February 5, 6, 9 and 10, 1998 on the issues identified in the two interim reports and this order is being passed to answer the legal questions indicated in the two interim reports submitted by the committee.

3. Mr. A.A.G. III submitted that the FIRST is








































































































































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