ORAL JUDGMENT

Date : 08-07-2024 Heard Mr. P.N. Shahi, learned senior counsel for the petitioner, Mr. Jitendra Kr. Roy 1, S.C.-13, learned counsel for the State and Mr. Faiz Ahmad, learned counsel for the Magadh University.

2. By filing the present writ application, the petitioner has prayed for issuance of an appropriate writ/writs, order/orders, direction/directions for the following reliefs:

(i) To quash the order dated 09.01.2016 (Annexure-14) passed by the Vice- Chancellor, Magadh University (Respondent No. 4) whereby absorption of the petitioner as Lecturer in the Department of Ancient India and Asian Studies in S.B.A.N. College, Darhetta Lari, Jehanabad was directed to be made on the post vacated due to superannuation of Shri Sheo Pujan Sharma i.e. with effect from 01.02.2009 instead of 16.04.1990/18.04.1990 on which date the University had initially absorbed the petitioner vide notification dated

08.05.2005 (Annexure-09).

(ii) To quash the consequential notification dated 18.09.2018 (Annexure-15) whereby his services has been absorbed with effect from 01.02.2009 instead of 16.04.1990 and for shifting back his date of absorption from

01.02.2009 to 16.04.1990.

(iii) To pay the arrears of salary due to the petitioner on account of shifting back his date of absorption.

3. Learned senior counsel for the petitioner submits that the petitioner was appointed as Lecturer in the Department of Ancient India and Asian Studies in S.B.A.N. College, Darhetta Lari, Jehanabad on 27.04.1984 (Annexure-1). He gave his joining on 01.05.1984. The said appointment was ratified by the Governing Body of the said college on

11.03.1985 (Annexure-2).

4. The college in question was taken over by the State Government on 19.08.1986. The name of the petitioner was included in the handover-takeover list. The cut off date for taking over the services of the employees of the college was fixed as 30.04.1986.

5. A three member Screening Committee was constituted by Magadh University to examine the cases of employees regarding their absorption. One Shri Raj Kishore Singh (now dead) submitted a representation before the said Committee requesting for deletion of the name of the petitioner on account of lack of requisite qualification. By initial Report dated 24.11.1986 (Annexure-3 of the writ petition), the Committee removed the name of the petitioner without hearing him and included the name of Shri Raj Kishore Singh.

6. On learning about the same, the petitioner represented before the Vice-Chancellor, Magadh University on 01.12.1986 who directed for reconsideration of the case of the petitioner by the Screening Committee. Thereafter, by subsequent Report dated 30.01.1987 (Annexure-5 of the writ petition), the Screening Committee restored the name of the petitioner as Lecturer working in the College from 01.05.1984. The Registrar, Magadh University in his affidavit filed in the Supreme Court on 09.06.2003 in Civil Appeal No. 6098 of 1997 (State of Bihar vs. Bihar Rajya M.S.E.S.K.K. Mahasangh) decided on 12.10.2004 which is reported in

2005 (1)PLJR 464(SC) justified the subsequent Report of the Screening Committee dated 30.1.1987 (Annexure-5). However, in the Report of the Justice Agrawal Commission dated 19.12.2003, the name of the petitioner was not disclosed and the name of Sri Raj Kishore Singh was wrongly considered on the basis of the initial Report of the Screening Committee dated 24.11.1986, ignoring the subsequent Report dated 30.01.1987.

7. The petitioner had filed I.A. No. 151/2004 in the above-mentioned case before the Hon’ble Supreme Court. The Hon'ble Apex Court directed the concerned respondent to take an appropriate decision in individual cases with regard to the qualification of each employee as the Universities were bestowed with such power in terms of Section 4(1)(14) of the Bihar State Universities Act, 1976.

8. The Magadh University by notification dated

08.05.2005 (Annexure-9 of the writ petition) absorbed the services of the petitioner with effect f