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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Kameshwar Singh S/o Late Shiv Janam Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. background of the petitioner's absorption case. (Para 3 , 4) |
| 2. petitioner's argument regarding absorption in sociology. (Para 5 , 6 , 7) |
| 3. respondent's defense regarding post availability. (Para 8 , 9 , 10) |
| 4. court's reasoning on petitioner's allegations of illegality. (Para 11 , 12 , 13 , 14) |
| 5. court's conclusion on the dismissal of the writ petition. (Para 15 , 16) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
1. For issuance of an appropriate writ/writs, order/orders, direction/or a direction in the nature of mandamus commanding upon the respondents to confirm the absorption made by the Ranchi University after due diligence and verification of the records in the Department of Sociology and therefore to hold that non-acceptance by the State is not legal and valid.
II. To hold and declare that the claim of the petitioner in the light of order passed by the Hon'ble Apex Court of India in Civil Appeal No. 2703/17 read with the order passed in SLP No. 12591/2010, the claim of the petitioner can be adjudicated and if found genuine petitioner is entitled
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.
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
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....
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
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