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2014 Supreme(Pat) 18

R.M.DOSHIT, ASHWANI KUMAR SINGH
Akhauri Bijay Prakash Sinha – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Chitranjan Sinha, Sharad Kumar Sinha, (in 4395); M/s V.K. Kanth, Mukul Sinha, Rajesh Kumar, Siddharth Shankar Pandey (in 7644); M/s Y.V. Giri, Niraj Kumar, Kumar Dhirendra Pratap Singh (in 9703); M/s. Gajendra Kumar Jha, Sushil Kumar Jha, Ajit Ranjan, Surya Kant Mishra (in 15386).
For the Respondents-State: Mr. Lalit Kishore with M/s. A.K. Upadhayay, Vikash Kumar, (in 4395, 7644, 15386), with Mr. Arbind Kumar (in 9703).
For the Respondent Nos. 5 to 8: M/s Digvijay Singh, B.J. Jha (in 15386)
For the Magadh University : Mr. Hansraj, (in 4395)
For the LNM University : Mr. Ajay Bihari Sinha (in 7644).
For the VKS University : Mr. Sarvadeo Singh (in 7644).
For the BNM University : Mr. Hemendra Pd. Singh, Arbind Kumar (in 7644).
For the University : Mr. Ajay Bihari Sinha (9703).

JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

These four Writ Petitions filed under Article 226 of the Constitution raise a common challenge to the Bihar State Universities (Amendment and Validation) Act, 2012 (Bihar Act 22 of 2012) (hereinafter referred to as “the Bihar Act 22 of 2012”). The writ petitioners in all these Writ Petitions are the Laboratory Assistants / Junior Laboratory Assistants / Laboratory In charge / Laboratory Technicians / Technical Assistants, etc. (hereinafter cumulatively referred to as “the Laboratory Assistants”) in the Non-Government Grant-in-aid Colleges affiliated to the Universities in the State of Bihar.

2. It is the claim of the writ petitioners that they are Graduates or better qualified and that they have been designated as Demonstrators by appropriate decision of the State Government. As a Demonstrator, the writ petitioners are teachers within the meaning of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) (hereinafter referred to as “the Universities Act”). They are entitled to the pay scale of a Demonstrator recommended by the University Grants Commission (hereinafter referred to as “the UGC”) and accepted by the State Government. The














































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