Upendra Prasad vs Department Of Higher And ...
2023 Latest Caselaw 2887 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(S) No. 5151 of 2016
     Upendra Prasad                             .... .... Petitioner
                                    Versus
     Department of Higher and Technical Education & Ors.
                                                .... ...      Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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For the Petitioner : Mr. Shresth Gautam, Advocate For the Resp-State : Mr. Vineet Prakash, AC to SC For the Resp- University : Mr. Anoop Kumar Mehta, Advocate

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13/ 14.08.2023 It has been submitted by learned counsel for the petitioner that the issue involved in this writ petition has already been set at rest in plethora of judgments, but still the observations made by the Court has been disputed by the respondent-State. It has further been argued that when the University is taking over the Management of any College and thereby if it absorbs any staff under Section 4(1) (14) of the Jharkhand University Act, the Government cannot exercise power under Section 35 of the said Act denying the absorption or questioning the absorption of staff of "taken over college". Learned counsel further submits that this Court, in the cases of Prashant Kumar Mishra, Abdul Qayum Ansari and Smt. Kanti Mishra has categorically observed the legal proposition, which has been upheld by the Hon'ble Apex Court, it is not open for the State to question the same.

Mr. Anoop Kumar Mehta, learned counsel appearing for the University submits that the University has already filed the counter affidavit, wherein, it has been categorically mentioned that the name of petitioner has been recommended for absorption and to make payment of salary as per 5th & 6th PRC, however, the benefits thereof have not been extended as yet.

However, learned counsel for the respondent-State prays for some time to file specific counter affidavit.

Let a specific affidavit be filed by the Director, Higher, Technical Education and Skill Development Department meeting out the aforesaid contentions of learned counsel for the petitioner.

Put up this case on 18.09.2023.

(Dr. S. N. Pathak, J.) R.Kr.