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ANIL KUMAR SINHA
Satya Prakash – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J.—The petitioner has preferred the present writ application for a direction to the respondent authorities for adjustment / shifting of his services against the first sanctioned deficit grant post of Lecturer in Physics at Purvottar Railway College, Sonepur, Chapra (hereinafter referred to as “Railway College”) along with all consequential benefits. The petitioner has further prayed for quashing of the letter dated 03.09.2014 issued by the Director, Higher Education, Government of Bihar addressed to the Registrars of all the Universities communicating the disapproval of the State Government with respect to any kind of shifting and adjustment against vacant sanctioned posts in deficit grant College.
2. The relevant facts giving rise to the present writ application is that the Railway College was initially established in the year 1977-1978 and it is an affiliated unit of Jai Prakash University, Chapra as a deficit grant College. The Railway College was granted affiliation by the State Government at Intermediate level in the year 1979 and at Degree level in the year 1981. Permanent affiliation was granted in the year 1990. Subsequent to grant of affiliation to the Rai
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
The court upheld that the creation of posts is the exclusive prerogative of the state government and cannot be compelled by the judiciary, reaffirming contractual employment does not secure regulariz....
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
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