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IN THE HIGH COURT OF JUDICATURE AT PATNA
JUDGMENT :
ANIL KUMAR SINHA
1. The present writ application has been filed seeking direction in the nature of mandamus commanding the respondent authorities particularly the Department Of Education, Government of Bihar to sanction or create the posts of Lecturers in the Department of “Industrial Fish and Fisheries” in Ramdayalu Singh College, Muzaffarpur (hereinafter referred to as “the College”), a constituent unit of Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur and to take over the financial liability of the said Department. It has further been prayed that consequent to such creation of posts a direction be issued for granting approval for the regularization of the petitioner’s services as Lecturer in Industrial Fish & Fisheries (vocational subject) in the said College. Alternatively the petitioner has prayed for a direction to the respondent authorities to accord sanction and approval for her regularization on the sanctioned and vacant post of Lecturer in the Department of Zoology in the said College.
2. The brief facts giving rise to the present writ application is that the University Grants Commission (for short “U.G.C.”) vide letter dt: 14.06.1996 granted approval
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....
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
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.
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....
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had b....
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
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