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2006 Supreme(Jhk) 769

SUDHANSU JYOTI MUKHOPADHAYA, D.K.SINHA
K. P. Kamal – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners: M/s Sohail Anwar, Rajesh Kumar, Afaque Ahmad.
For the State Mr. Manjul Prasad.
For the University: Mr. A.K. Mehta.

JUDGMENT

S.J. Mukhopadhaya, ACJ.-Both the petitioners, in this writ petition, have challenged the amended sub-section (6)(ii) of Section 26 of the Jharkhand State Universities Act, 2000, as brought through by Section 21 of the Jharkhand State Universities (Amendment) Act, 2002, on the ground that the same ultra vires the Constitution, being completely arbitrary, irrational, discriminatory and creating arbitrary classification.

2. The teachers of Universities of the State of Jharkhand, including Ranchi University, Ranchi, Vinoba Bhave University, Hazaribagh, Sidho Kanhu Murmu University, Dumka, were guided by the Bihar State Universities Act, 1976 (now known as Jharkhand State Universities Act, 2000). The seniormost Professors, University Professors or Readers were used to be appointed as "Head of Department" under sub-sec. (6)(ii) of Sec. 26 of the Bihar State Universities Act, 1976.

The aforesaid provisions of law having been amended by Section 21 of the Jharkhand State Universities (Amen dent) Act, 2002, the petitioners have challenged the amended Sub-sec. (6)(ii) of Sec. 26, as brought through by Sec. 21 of the Amendment Act, 2002.

3. The petitioners are the Professors of Chemistry























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