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) of the Bihar State Universities Act, 1976, and the limitations on the power of the State Government in such cases.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Original Petitioner had approached this Court with a prayer for quashing the proceeding dated 18.03.2019 (Annexure-8 to the writ petition), whereby the respondents have expressed their inability in the matter of absorption of the services of original petitioner, thereby indirectly denied the benefits of 5th and 6th revised UGC Pay-Scale.

Original Petitioner has further prayed for quashing the order dated 18.03.2015, passed by the Hon’ble Justice S.B. Sinha Commission to the extent that the claim petition of the respondent No. 4 herein has been allowed on the ground that he was found working on the cut-off date i.e. 30.04.1986.

Petitioner has further prayed for direction upon the respondents particularly respondent nos. 1 and 2 to grant approval of the pay-scale of petitioner’s husband in University Grant Commission (for short “UGC”) revised pay-scale of Rs.8000-13500 pursuant to 5th PRC w.e.f. 01.01.1996 and corresponding 6th PRC w.e.f. 01.01.2006 i.e. the date from which similarly situated persons to that of the husband of petitioner has been given the said benefits and further to pay arrears of salary.

Petitioner has also prayed for direction upon the respondent no. 3 to reissue order of absorption in favour of husband of petitioner in Mandar College, Mandar, in place of respondent no. 4 who do not possess the essential qualification for being absorbed ahead the petitioner.

3. The brief facts of the case is that on 11.09.1985, the husband of petitioner was appointed as Lecturer in the department of Commerce in Mandar College, Mandar. It is the case of the petitioner that the erstwhile State of Bihar had taken a decision for converting the said Mandar College, Mandar into a constituent college of the Ranchi University and pursuant to letter issued by State of Bihar and under an agreement, said College was converted into a Constituent College of Ranchi University. Admittedly, the husband of petitioner was working in the aforesaid college against recommended post, much prior to the cut-off date i.e. 30.04.1986 and was entitled for absorption under Ranchi University. However, dispute with respect to various colleges which were converted into constituent college arose with regard to absorption of teaching and non-teaching staff of the college against sanctioned post as well as against the post for which recommendations were sent by the University to the State Government upto the cut-off date i.e. 30.04.1986. In view of the aforesaid dispute with respect to regularization of the employees working in one or other colleges prior to the date of taking over as a constituent college and its conversion, the said dispute was referred to a Five Member Committee, consisting of the Vice-Chancellors of different Universities, constituted for identifying the teaching and non-teaching staff, working against one or the other sanctioned and recommended posts in the taken over constituent colleges. Thereafter, the said Committee vide its letter dated 01.02.1988 and 18.12.1989, recommended the names of teaching and non-teaching staffs for absorption, in which the name of the husband of petitioner also finds place.

4. It is the specific case of the petitioner that the said dispute travelled upto Hon’ble Patna High Court and the Hon’ble Court vide its judgment dated 31.01.1997, directed the Universities, who were parties in that writ to take steps for regularization of the services of the teachers of the colleges which have become constituent college of different universities in the fourth phase, in light of the communication of the State Govt. In compliance of aforesaid judgment, the husband of petitioner was reinstated in service by Ranchi University vide notification bearing memo No. 2937 dated 25.06.1998. The aforesaid order passed by the Hon’ble High Court of Judicature at Patna was subject matter of challenge before the Hon’ble Supreme Court in Civil Appea