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RAJEEV RANJAN PRASAD
Kamlesh Kumar Thakur – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – Heard learned counsel for the parties.
2. This writ application has been filed seeking a writ in the nature of a writ of certiorari to quash the order dated 24.10.2018 (Annexure- ‘7’ to the writ application) passed by a Committee comprising of respondent nos.6 to 9. The petitioner further prays for quashing of the consequential order dated 30.06.2021 (Annexure-‘9’ to the writ application) issued under the signature of Registrar of the University (respondent no.4) by which the service of respondent no.10 has been absorbed by respondent no.4.
3. The petitioner further prays for quashing the letter bearing no.GS-63/20-21 dated 26.04.2021 (Annexure- ‘8’ to the writ application) issued by the then In-charge Principal of the college (respondent no.5). The petitioner also prays for a writ of mandamus commanding the respondent nos.2 to 4 to pay his arrears as well as the current salary which have been withheld by the respondent University.
Brief facts of the case
4. It is the case of the petitioner that he was appointed as Laboratory In-charge in the Department of Chemistry/Zoology by the competent authority in the Parwati Science College, Madhepura vide Memo No.154
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
The main legal point established in the judgment is the exclusive power and jurisdiction of the University in the matter of absorption of staff of constituent colleges, as provided in Section 4(1)(14....
The court ruled that the confirmation of a lecturer's absorption in an improper department is illegal, emphasizing the need for adherence to lawful procedures in educational employment.
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