Ganga Prasad Choudhary & Others vs The State Of Jharkhand & Others
2022 Latest Caselaw 4480 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          W. P. (S) No. 5046 of 2013

              Ganga Prasad Choudhary & Others         ...     ...      Petitioners
                                    Versus
              The State of Jharkhand & Others ...        ...         Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Piyush Chitresh, Advocate For the Respondents : Mr. Amitesh Kr. Geasen, Advocate : Mr. M. K. Roy, Advocate

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12/09.11.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioners submits that although no rejoinder to the counter-affidavit has been filed in the present case pursuant to order dated 21.09.2022, but the petitioners are guided by the circular contained in Memo No. 1726 dated 16.05.1981 and the judgment passed by the Hon'ble Patna High Court in C.W.J.C. No. 228/1983, which has followed the judgment passed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No. 9096/1980 which was arising out of C.W.J.C. No. 522/1979 decided on 2nd July, 1980. The learned counsel submits that as per the aforesaid circular and judgments, the petitioners are entitled to UGC Scale. He also submits that he shall bring the aforesaid circular and judgments in the rejoinder to the counter-affidavit.

3. Learned counsel for the respondents has submitted that AICTE (All India Council for Technical Education) came into force in the year 1986 and therefore, it is required to be examined that in spite of coming into force of AICTE Act, whether the petitioners will be governed by the aforesaid circular of 1981 and the aforesaid judgments.

4. The rejoinder, in terms of order dated 21.09.2022, be filed by 14.11.2022.

5. Post this case on 17.11.2022.

(Anubha Rawat Choudhary, J.) Mukul