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2011 Supreme(Pat) 236

AJAY KUMAR TRIPATHI
SHEELA RANI SINHA – Appellant
Versus
CHANCELLOR OF UNIVERSITIES – Respondent


Advocates Appeared:
For the petitioners: M/s. Binod Kanth, R. K. P. Singh, Bal Bhushan Choudhary and Amrendra Nath Vishwas.
For respondent Chancellor: Mr. Shivendra Kishore.
For respondent Magadh University: Mr. Anil Kumar Singh.
For the State: Ms. Nutan Sahay, (in CWJC No.7357 of 2009) and Ms. Ratna Das (in CWJC No.8489 of 2010)

ORDER :

Both the writ applications have been heard together and are being disposed of by a common ORDER :for the reason that the question of law coupled with the fact emerging from the pleadings are not at variance.

2. Both the petitioners were initially appointed on 4.7.1978 under what is known as Nalanda Mahila College, Biharsharif. At the relevant time it was under a Governing Body but subsequently the College in question was taken over by Magadh University. Petitioners thereafter have been transferred to other institutions depending upon their utility and the post being available in the Colleges concerned. Long time has gone past but their final status with regard to permanency, absorption and the benefits arising therefrom has not accrued to them because the University did not or could not take a decision under their understanding of law that the matter requires the approval of the Hon`ble Chancellor in this regard. Petitioners were supposed to have been appointed against the so-called 3rd and 4th sanctioned post for which recommendations are there but in absence of a final decision being taken at the level of the Hon'ble Chancellor, their status remains in a limbo. Procrastinat















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