The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard Ld. Counsel for the parties.

2. Both these Writ Petitions having common prayer and issue were heard together and are being disposed of by this common order.

3. The Petitioners in both these Writ Petitions have commonly prayed for the following reliefs:

a. For issuance of an appropriate Writ of Mandamus or any other appropriate Writ (s), Order (s) or Direction (s) to the respondents to confirm the absorption of the petitioner on the post which is recommended prior to cut off date i.e 30.04.1986 and fully covered by the principle laid down by the Justice Agarwal Commission at Page-24-25 of VOL-1 of its report and on the sanctioned in terms of Government letter dated 18.12.1989 (181-C) which has been duly accepted by this Hon’ble Court in its Judgment of State of Bihar Vs. Bihar Rajya MSESKK Mahasangh, 2005 (9) SCC 129 at conclusion-1.

b. For issuance of an appropriate Writ of Mandamus or any other appropriate Writ (s), Order (s) or Direction (s) to the Respondents to pay salary to the petitioner in terms of 6th pay scale applicable to the similarly situated employees.”

4. In W.P (S) No. 328/2019 [Mahakant Jha v. State of Jharkhand and ors.], the petitioner was temporarily appointed as Lecturer in the department of Commerce at B.S.K College, Barharwa on 10.08.1981; pursuant to which, he gave his joining on 13.08.1981.

5. In W.P (S) No. 6056 / 2018 [Dr. Shyam Kishore Ambastha v. State of Jharkhand and ors.] the petitioner was temporarily appointed as Lecturer in the department of Commerce at B.S.K College, Barharwa on 09.09.1985, pursuant to which, he gave his joining on 16.09.1985.

6. The B.S.K College, Barharwa was converted into a constituent College of Bhagalpur University, Bihar with effect from 01.01.1987 under an agreement executed on 19.08.1986. Subsequently, upon the establishment of the Sido Kanhu Murmu University, the college has become a constituent unit of the Sido Kanhu Murmu University, Dumka.

7. On 17.01.1987, the State Govt. constituted a “Three Men High Level Committee” to enquire the number of posts and also about the persons who were working on the sanctioned posts / recommended posts. After considering the report, the State Govt. vide letter no. 38/C dated 01.02.1988 notified the names of teaching and non-teaching employees working in newly converted constituent college and also notified the number of sanctioned posts in different department of different colleges for teaching and non-teaching staffs.

Subsequently, eight-member committee was constituted to revise the said list dated 01.02.1988. The said committee submitted its report which culminated in the Govt. letter dated 18.12.1989 (181/C). The name of the petitioners finds place in the Govt. letter dated 18.12.1989 (181/C).

8. Thereafter, the association of teaching and non-teaching employees filed a writ application being C.W.J.C. No. 4021 of 1995 before the Patna High Court, which was allowed by the Patna High Court vide order dated 31.01.1997 directing the University to take steps under Section 4(1)(14) of the Bihar Universities Act, 1976, in respect of regularization of the services of the Colleges which had became constituent colleges under different Universities.

9. Against the said order dated 31.01.1997 passed in C.W.J.C. No. 4021 of 1995, the State of Bihar moved before Hon’ble Supreme Court filing S.L.P(C) No. 10452 of 1997 which was converted into Civil Appeal No. 6098 of 1997. The Hon’ble Supreme Court in said matter constituted Justice S.C. Agrawal Commission vide order dated 12.10.2001.

10. Justice Agrawal Commission thereafter, submitted its report