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SANJEEV PRAKASH SHARMA
Jai Prakash Vishwavidyalya Karmachari, Chapra – Appellant
Versus
Chancellor of Universities of Bihar – Respondent
Sanjeev Prakash Sharma, J. – Heard the parties.
2. The petitioners by way of these writ petitions challenges the orders passed by the Vice Chancellor, J.P. University, Chapra dated 09.11.2017 and the order dated 07.12.2017, whereby the Vice Chancellor has declared the appointments of the petitioners to be unlawful and the payment be made to the 43 non-teaching employees namely the petitioners as unlawful and illegal in terms of Section 10 (6) of the Bihar State University Act, 1976 (hereinafter referred as Act of 1976) and Article 3 (5) of the Service Tenures.
3. The brief facts as mentioned in C.W.J.C. No. 19601 of 2021 which need to be noticed for disposal of the petitions are in October, 1982 Colleges situated within Saran Division were carved out from the B.R.A. Bihar University, Muzaffarpur and a separate University by the name of J.P. University, Chapra was established. The University would have control and supervision over administrative jurisdiction on the colleges situated under Saran Division. Consequently, the non-teaching employees of the B.R.A. Bihar University, Muzaffarpur were also apportioned in terms of Section 70 (B) of the Act, but such non-teaching employees did n
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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