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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Nilamber Pitamber University – Appellant
Versus
Brij Kumar Mishra, Son of Late Paras Nath Mishra – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
1. The instant appeal under Clause 10 of the Letters Patent is directed against the order dated 21.12.2021 passed in W.P(S) No.1850 of 2018 whereby and whereunder the learned writ Court has directed the appellant-University to consider the case of the petitioner and pass an appropriate order regarding fixation of date of absorption from the date of acquiring eligibility, i.e., 05.12.1987.
2. The brief facts of the case as per the pleadings made in the memo of appeal needs to refer herein as under:
(i) That S.J.S.N College, Garhwa became a constituent college of Ranchi University on 31.03.1987. The writ petitioner was appointed as Lecturer on 22.02.1986 on the unsanctioned 5th post in the Department of Hindi in SJSN College, Garhwa.
(ii) That on 22.02.1986 the petitioner did not have the basic minimum qualification/ eligibility to be appointed as a University teacher. The petitioner acquired the minimum eligibility condition for appointment/absorption/regularization as Lecturer on 05.12.1987.
(iii) That on 05.12.1987 the petitioner acquired the basic minimum qualification of a high second class degree in post graduation to be eligible for considerat
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
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.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
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....
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