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2015 Supreme(Pat) 888

AJAY KUMAR TRIPATHI
Ram Pravesh Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amaresh Kumar Singh and Mr. Sushil Kumar Singh.
For the Respondent: Mr. R.S. Singh.
For the University: Mr. Sarva Deo Singh.

ORDER :

1. The whole issue now boils down to one primary question whether the State of Bihar could alter the date of absorption of the petitioners on the ground that the posts in question were sanctioned by the State with effect from 1.2.1988. This is communication which was made with the Registrar of Veer Kunwar Singh University on 25.9.2014 contained in Annexure-13 series and based on the same, a notification dated 10.11.2014 as well as notification dated 15.11.2014 came to be issued by the Registrar of the University. Annexure-13 series, therefore, is under challenge.

2. Short facts are that these petitioners came to be regularized on the basis of the recommendation of the Justice Agrawal Commission duly approved by the Hon’ble Supreme Court in the case State of Bihar and Others vs. Bihar Rajya MSESKK Mahasangh and Others, 2005 (1) PLJR 464.

3. Stand of the counsel for the petitioners is that a Bench of this Court in the case of Manju Chaudhary vs. B.N. Mandal University and Others, 2012 (3) PLJR 773, held as under in paragraph 7:-

"7. In support of this contention, the counsel, representing Respondent No. 5 has placed reliance on different decisions of Supreme Court. In these Ju







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