[Cites 26, Cited by 0]
Patna High Court
Shashidhar Jha vs The State Of Bihar on 19 December, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3653 of 2019
======================================================
Dr. Surendra Prasad Dwivedi S/o Late Hari Narayan Dubey Vill.-Atimi, P.o.-
Atimi, Ps- Nawanagar, Distt.-Buxar
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through Principal Secretary, Department of
Education, Govt. of Bihar, Patna
2. The Additional Secretary Education Department, Govt. of Bihar, Patna
3. The Director Higher Education Department, Govt. of Bihar, Patna
4. Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar,
Darbhanga
5. The Vice-Chancellor Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga, Darbhanga
6. The Registrar Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga
7. The Governing Body Shriniwas Mukund Ramanuj Sanskrit College,
Basaonkala, Buxar through its Secretary
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 23716 of 2018
======================================================
Gangadhar Thakur son of late Parameshwar Thakur, resident of At-Village-
Khamhar, P.S-Mufassil, District-Begusarai
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. Director, Higher Education, Bihar, Patna.
3. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its
Registrar
4. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga
5. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3825 of 2019
======================================================
Dr. Kumari Nilam Wife of Shri Thakur Jwala Prasad Resident of Lohia Kuti,
Shastri Nagar, P.S. Siwan, District- Siwan.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
2/90
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors through the Principal Secretary, Education
Department, Bihar, Patna
2. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its
Registrar.
3. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga
4. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga
5. Sri Chhatradhari Sanskrit College, Gopal Mandir, Hathua, District-
Gopalganj through the Secretary of its Governing Body.
6. Secretary, Governing Body, Sri Chhatradhari Sanskrit College, Gopal
Mandir, Hathua, District- Gopalganj.
7. Principal, Sri Chhatradhari Sanskrit College, Gopal Mandir, Hathua,
District- Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10239 of 2019
======================================================
Krishna Kant Mishra S/o Late Abhinandan Mishra Resident of Mithila
Colony,J.P. Chowk,Laxminagar,P.O. Laxminagar,Dist.Darbhanga,Pin-846004
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary,Education
Department,Bihar,Patna
2. Director,Higher Education, Education Department,Bihar,Patna
3. Kameshwar Singh, Darbhanga Sanskrit University,Darbhanga through its
Registrar
4. Vice Chancellor,Kameshwar Singh Darbhanga Sanskrit
University,Darbhanga
5. Registrar,Kameshwar Singh Darbhanga Sanskrit University,Darbhanga
6. Principal,Rajeshwar Thakur, Sanskrit Mahavidyalaya,Gorhiyari
Raghopur,P.S. Manigachhi,Dist.-Darbhanga
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10722 of 2019
======================================================
Shashidhar Jha Son of Late Avadh Lal Jha Resident of Village- Bhatsimar
Rajnagar, District- Madhubani, Bihar, Pin- 847235
... ... Petitioner/s
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
3/90
Versus
1. The State of Bihar Through the Additional Chief Secretary, Education
Department, Patna.
2. The Director Higher Education, Education Department, Bihar, Patna.
3. Kameshwar Singh Darbhanga Sanskrit University Darbhanga, through its
Registrar
4. The Vice Chancellor Kameshwar Singh Darbhanga Sanskrit University
Darbhanga.
5. The Registrar Kameshwar Singh Darbhanga Sanskrit University Darbhanga.
6. The Principal Sanskrit Mahavidyalaya, Rosera, District- Samastipur Pin.-
848210
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10787 of 2019
======================================================
1. Jeebeshwar Pratihast Son of Late Jagdish Pratihast, Resident of Ward no.12,
Puwari Tol, Chhatauni, Basopatti, P.O.-Chhitauni, District-Madhubani, Pin-
847225
2. Shashikant Jha, Son of Late Kamala Kant Jha, Resident of Potgah, Post-
Madhubani, District-Madhubani, Pin-847225
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, education
Department, Bihar, Patna.
2. Director, Higher Education, education Department , Bihar, Patna.
3. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its
Registrar
4. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga
5. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11469 of 2019
======================================================
Dr. Kashi Nath Jha son of Late Shri Devnath Jha resident of Shubhankarpur,
Dayodhi, Radha Krishna Mandir, P.O. and P.S.- Shubhankarpur, Chataria,
District- Darbhanga- 846006.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
4/90
Education, Bihar, Patna.
2. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its
Registrar.
3. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga.
4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga.
5. Principal, Nandan Sanskrit Mahavidyalaya, Ishopur, Deep, Madhubani.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14595 of 2019
======================================================
Dwarika Nath Jha Son of Kanj Nath Jha Resident of Ward No. 46, Rambagh,
Dharm Samaj Sanskrit College Campus, Musahri, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Bihar, Patna.
2. The Director Higher Education, Government of Bihar, Patna.
3. Kameshwar Singh Darbhanga Sanskrit University Darbhanga through its
Registrar.
4. Vice Chancellor Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga.
5. The Registrar Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 3653 of 2019)
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
Mr.Durga Nand Jha, Advocate
For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG 15
For the Respondent/s : Mr. Sarvesh Singh, AAG-13
(In Civil Writ Jurisdiction Case No. 23716 of 2018)
For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Mr.Prabhakar Jha- GP27
Mr. Shankar Kr. Thakur, AC to GP27
(In Civil Writ Jurisdiction Case No. 3825 of 2019)
For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Smt.Shilpa Singh (GA12)
(In Civil Writ Jurisdiction Case No. 10239 of 2019)
For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Smt.Binita Singh (SC28)
(In Civil Writ Jurisdiction Case No. 10722 of 2019)
For the Petitioner/s : Mr.Abhinav Srivastava ,Senior Advocate
For the Respondent/s : Mr.Madanjeet Kumar (GP20)
(In Civil Writ Jurisdiction Case No. 10787 of 2019)
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
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For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Mr.Kameshwar Kumar (GP17)
(In Civil Writ Jurisdiction Case No. 11469 of 2019)
For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Smt. Binita Singh (SC28)
(In Civil Writ Jurisdiction Case No. 14595 of 2019)
For the Petitioner/s : Mr.Abhinav Srivastava, Senior Advocate
For the Respondent/s : Mr. Mr. Prabhat Ranjan Singh, AC to AAG 15
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
CAV JUDGMENT
Date : 19-12-2025
Heard Mr. Abhinav Srivastava, learned Senior
Counsel, Mr. Sanjay Kumar, learned counsel for the petitioners
and Mr. Sarvesh Singh, AAG-13, learned Senior counsel along
with other counsels for the respondents.
2. Through bench slip dated 25.09.2025 filed in
CWJC No. 10239 of 2019, submitted before the Hon'ble Bench
to list along with CWJC Nos. 10787 of 2019, 10239 of 2019,
10722 of 2019, 14595 of 2019, 23716 of 2018, 11469 of 2019
and 3825 of 2019 the aforesaid case were accordingly, made
analogous and for the last several dates, these matters were
heard together and finally, in all these matters hearing got
concluded on 24.11.2025 and the judgment was reserved, which
is being adjudicated in the following manner.
3. Firstly, this Court would be taking up the matters
related to affiliated colleges being CWJC No. 3653 of 2019,
CWJC No. 3825 of 2019, CWJC No.10787 of 2019, CWJC No.
10239 of 2019 and CWJC No.10722 of 2019 for its adjudication
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
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and the relief(s) sought for by filing their respective writ
petitions are being referred hereinbelow:-
AFFILIATED COLLEGES
Civil Writ Jurisdication Case No. 3653 of 2019
4. The petitioner has preferred this writ application
for the following relief(s):-
"(i) Issuance of a writ in the
nature of Mandamus directing and
commanding the Respondents to pay the
Retiral benefits to the petitioner including
Full pension on the basis of last pay drawn
in 6th Pay Revision Pay Scale, Leave
encashment of 300 days, Provident fund,
gratuity, arrear salary from June 2011 till
the date of retirement, difference of U.G.C.
pay and other admissible retiral benefits
with adequate amount of interest 18% per
annum with suitable amount of
compensation and penal interest to which
petitioner is entitled to.
(ii) Issuance of a further writ in
the nature of Mandamus directing and
commanding the Respondents to pay the post
retiral benefits to the petitioner in the light
of Government decision dated 15.01.2014 as
also in the light of Notification contained in
Memo no. 5447-5481 dated 22.07.2014
issued under the signature of Registrar by
the order of Vice-Chancellor of Kameshwar
Singh Darbhanga Sanskrit University (here-
in-after to be referred to as the university).
(iii) Issuance of a consequential
writ in the nature of certiorari for quashing
the orders contained in Memo no. 1726
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
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dated 23.09.2018 issued by the Additional
Secretary, Education Department,
Government of Bihar, Patna whereby and
where under the proposal sent by the
university for confirmation of services of 67
teachers (wrongly including petitioner) has
been rejected by the Government non est on
ground without appreciating that name of
petitioner was wrongly included because the
petitioner was working on permanent basis
on the recommendation of the then college
service commission and proposal for
confirmation of his service was not at all
required.
(iv) Issuance of appropriate
direction to Respondents to release the
salary of petitioner, which has not been paid
to him since June 2011 till April 2016, till
date although the petitioner has been made
to retire on 30.04.2016 on attaining the age
of superannuation (65 years).
(V) Any other relief or reliefs be
granted to petitioner to which he is found to
be entitled to in accordance with law."
Submissions of the petitioner
5. Mr. Sanjay Kumar, learned counsel appearing for
the petitioner submits that Shri Niwas Mukund Ramanuj
Sanskrit College, Basaonkala, Buxar is an affiliated College
under Kameshwar Singh Darbhanga Sanskrit University. The
State Government through Department of HRD, Government of
Bihar vide Memo No. 2261 dated 18.10.1976 granted the
approval and sanctioned 10 posts for teachers including the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
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Principal, which is referred in para-4 of the writ petition.
Pursuant to the Advertisement in the daily newspaper
"Pradeep"dated 12.01.1980, the petitioner applied for the said
post and was properly interviewed on 25.01.1980 by the duly
constituted Selection Committee and appointment letter dated
27.01.1980
was issued and pursuant thereto the petitioner
submitted his joining on 01.04.1980 and since then, he had been
working. After his appointment was made, the University
granted approval of the said appointment for six months, which
was extended from time to time and was duly concurred by the
College Service Commission till 1990. The University and the
College Service Commission having granted its approval vide
Annexure-13 (series).
6. Learned counsel next submits that while the
petitioner was so working in the said College, the post of
Sahitya Acharya was advertised for permanent appointment by
the College Service Commission vide Advertisement No.
1156/89 and after resorting to the procedures prescribed, the
name of the petitioner was again recommended by the
Commission for permanent appointment vide Letter No. 1840
dated 22.01.2002 and accordingly, the service of petitioner was
confirmed and made permanent by the Governing Body vide
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
resolution no. 5 dated 20.05.2002 and such permanent
appointment made on the basis of recommendation made by the
College Service Commission was sent to the University by the
Secretary of Governing Body for approval w.e.f 26.01.1980.
7. Learned counsel further submitted that till May,
2011, the petitioner and similarly situated persons were working
and all of a sudden, their salaries were withheld by the
Government without assigning any reason and accordingly, the
matter was represented before the Government by such teachers
including the petitioner, upon which, the Director Higher
Education vide his letter no. 2607 dated 27th October, 2011
released the fund stating clearly that only three teachers working
in Sriniwas Mukund Ramanuj Sanskrit College are entitled, as
their names were recommended by the College Service
Commission. The name of the petitioner is shown at Serial
No.9(iv) showing approval by the College Service Commission
and in spite of such approval, no payment of salary was made to
the petitioner from June 2011. Thereafter, the petitioner
frequently, approached the authority with request to release his
due salary from June 2011 but no heed was paid to such request.
In the meantime, similar matters were decided by the Co-
ordinate Bench of the Court vide order dated 23.04.2014 passed
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
in CWJC No. 20581 of 2013 with a direction to the State
Government to release the fund for payment of arrears and
current salary to the petitioner by fixing the time line.
Thereafter, the petitioner made representation before the
Registrar of the University on 08.02.2016 with copies to Vice-
Chancellor, Finance Officer, Director, Higher Education and
Principal Secretary, Education Department for release of salary
w.e.f June 2011. The petitioner kept waiting for his payment of
salary and the Principal of the College by the order of Secretary
of Governing Body, vide letter no. 17/2016 dated 29.04.2016
communicated the petitioner that he would be treated as
superannuated after 30.04.2016.
8. It is also argued that the representation of the
petitioner dated 08.02.2016 made before the Registrar was
entertained vide his letter no. 953/16 dated 01.06.2016 and
communicated to the petitioner that the University is receiving
grant in respect of only two teachers, namely, Dr. Awadhesh
Tiwary and Sri Sachchidanand Mishra who are being paid their
salary and while making such communication, the University is
said to have ignored the letter of the Government dated
27.10.2011 whereby the funds were released in favour of three
teachers out of which the petitioner was also one of them, whose
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
name was also recommended by the College Service
Commission. It has further been submitted that since the
petitioner was made to retire and accordingly he submitted
relevant documents for payment of his due arrears salary and
retiral benefits in the background of the fact that he had been
working on his post with full integrity, honesty and utmost
satisfaction, which was also not paid any heed. The University
in the light of statue framed by the Hon'ble Chancellor dated
15.01.2014 came out with a Notification contained in Memo
No. 5447-5481/14 dated 22.07.2014 in respect of retiral benefit
payable to staffs of affiliated College w.e.f 31.08.2010, even
though the issues of this petitioner could not be addressed.
9. Learned counsel next submits that the University
in view of the amendment of Bihar State Universities Act, 2015
prepared a list of 30 Teachers + 37 Teachers in total of 67
teachers, who were appointed in affiliated colleges without
recommendation of College Service Commission for their
regularization by the Selection Committee, in which the
petitioner's name was also incorporated and the petitioner made
objection against such consideration of his matter by the
Selection Committee, as he was already recommended by the
College Service Commission and the authority of the University
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
without appreciating the fact that pursuant to the
recommendation of College Service Commission, the
Governing Body had already confirmed the service of the
petitioner w.e.f 26.01.1980 and still, the Additional Secretary
vide Memo No. 1726 dated 23.09.2018 rejected the proposal of
the University dated 19.05.2018, whereas the rejection order
passed by the Additional Secretary with respect to the list
prepared for regularization by the University dated 19.05.2018,
is not applicable to the petitioner, in view of the fact that his
name was already recommended by the College Service
Commission, which had the statutory authority to make such
recommendation and further the approval had already been
granted to such recommendation which could not have been
tinkered by the University and as such subsequent action was
unwarranted insofar as this petitioner is concerned and in
humble submission of the learned counsel for the petitioner, the
impugned order is fit to be set aside. Accordingly, the authorities
are required to be issued appropriate directions for payment of
arrears of salary and as also to settle the retiral benefits as
applicable in law.
Submissions of the State
10. On the other hand, learned senior counsel
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
representing the State has submitted that syndicate of the
University in its meeting dated 30.11.2004 has rejected the
proposal of the College regarding approval of appointment, as
the petitioner was not having requisite qualification (55% marks
in M.A) for appointment of Lecturer, because the petitioner was
having 45% of marks and as per the statute the requisite
qualification for the post was of high second class. Lastly, it has
been submitted that since the appointment of the petitioner was
not valid, therefore, the order passed in CWJC No. 250 of 2019
(Balram Pandey v. The State of Bihar) and in CWJC No. 808
of 2019 (Ghanshyam Jha & Ors. v. The State of Bihar & Ors)
is not applicable in this case.
Submissions of the University
11. Learned counsel for the University submits that
the petitioner was appointed in 1983 but the Bihar College
Service Commission refused the concurrence because the
petitioner did not possess the requisite qualification at the time
of his initial appointment.
REJOINDER
12. To such submission/stand of the learned counsel
for the State and the University, learned counsel for the
petitioner submits that the petitioner had a second division and
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
the stand of the State that his appointment was void ab initio, is
most unfounded, in view of the statute for regularization of
services framed for purely temporary lecturers appointed on or
before 20th February 1982 and the Rule 1-b clearly shows that
the only requirement is second Class Master's degree, which
could be inferred from the statute for regularization as approved
by the Chancellor vide letter no. BSU-25/85-283-GS(1) dated
29.01.1986. and therefore, the stand of the State is totally
misplaced and the case of the petitioner is equally covered by
the Judgment of Balram Pandey (Supra).
Civil Writ Jurisdiction Case No. 3825 of 2019
13. With respect to CWJC No. 3825 of 2019, the
following relief(s) has been sough for:-
"(1) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under Kameshwar
Singh Darbhanga Sanskrit University,
Darbhanga (hereinafter referred to as "the
University") to take steps towards making
payment of current salary along with arrears
of salary in favour of the petitioner that has
not been made to her since June, 2011
without there being any just and valid reason
in support thereof;
(ii) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the University
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
to make payment of penal interest over and
above the amount of arrears of salary that
may be found to be admissible in favour of
the petitioner as without there being any just
and valid reason, the payment of salary in
favour of the petitioner has been withheld
since June, 2011 in the most illegal and
arbitrary manner and solely on account of
highhandedness and illegal disposition on
the part of the concerned respondent
authorities under the University;
(iii) Any other relief/reliefs that the
petitioner may be found to be entitled to in
the facts and circumstances of the present
case.
Submissions of the petitioner
14. Learned Senior counsel for the petitioner submits
that the petitioner was working in the capacity of Assistant
Professor in Hindi at Sri Chhatradhari Sanskrit College, Gopal
Mandir, Hathua, District-Gopalganj, which is an affiliated
College under the University and receives full deficit grant from
the State Government for the purposes of making payment of
salary to the teaching as well as non-teaching employees
working at the College. It is the case of the petitioner that she
was initially appointed against the post of Lecturer in Hindi at
the College vide letter dated 10/02/1981 issued by the Secretary
of the College on a temporary basis, pursuant to which the
petitioner is said to have submitted her joining at the College
and started discharging duties in the capacity of Lecturer.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
15. It is further submitted that in order to make
regular appointment an advertisement was issued in the Hindi
daily "Aryavarta" in March, 1981, inviting applications from
eligible candidates for consideration of their cases for
appointment against the post of Lecturers in different subjects at
the College, including Hindi. This petitioner had also submitted
her application in prescribed form for consideration of her case
and on verification of the original mark-sheets and certificates
for participation in the interview, the appointment against the
post of Lecturer in Hindi was made by the experts on Selection
Committee and pursuant to such recommendations against the
post of Lecturer in Hindi at the College, the Secretary of the
College dated 11.05.1981 informed with respect to her
appointment as against the post of Lecturer in Hindi at the
College in continuity of her initial appointment against the said
post made on 10.02.1981. In the meantime, vide letter dated
08/11/1985 issued by the University, by which the Secretary of
the College was informed with respect to the approval of the
University in the matters of appointment of different teaching as
well as non-teaching employees working at the College and
amongst other persons, the name of the petitioner found place at
serial no. 4 and the date of her initial appointment had been
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
indicated as 10/02/1981.
16. Learned senior counsel next submits that while
the petitioner was continuing in the said capacity, the concerned
authorities under the University duly approved her appointment
and accordingly, directions were issued for the purpose of
payment of salary in favour of the petitioner that was
commenced from the month of April, 1985 and subsequently
vide letter dated 19.02.1987 issued by the concerned authorities
of the erstwhile Bihar College Service Commission, Patna, by
which the said Commission communicated its temporary
approval for appointment of different teachers working at the
College, which also included the name of the present petitioner
and the said letter dated 19/02/1987 is appended as Annexure-5
to this writ petition. While the petitioner continued to discharge
her duties in the said capacity of Lecturer in Hindi at the
College and on the basis of the decision taken by the concerned
authorities at the College, the University duly approved making
payment of salary in favour of the petitioner and as such, from
the budgetary allocations made by the University for making
payment of salary to the teaching as well as non-teaching
employees working at the College, amongst other persons, the
petitioner was continuously paid her salary as per her
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
entitlement with the benefits of revision of salary under UGC
revised pay scales, on the basis of the decisions taken by the
State Government from time to time.
17. Learned Senior Counsel next submits that
pursuant to the decisions taken by the Syndicate of the
University during its meeting held on 05.12.2009, the services
of the petitioner in the capacity of Lecturer in Hindi at the
College were confirmed w.e.f 01.04.1985 and an office order
dated 14.08.2010 to that effect was issued by the concerned
authorities under the University. Pursuant thereto, her salary in
the UGC revised pay-scale was implemented from 01.01.1986,
according to which, the petitioner was made entitled to her
salary in the pay-scale of Rs. 8000-13,500/- during pendency of
the writ petition filed by this petitioner vide CWJC No. 3890 of
2004. The writ petition so filed was subsequently, disposed of
with certain observation and in the light of such observation, the
University took necessary steps for fixation of salary as per her
entitlement and accordingly, necessary fixation forms were also
issued by the pay fixation committee of the University and
benefits of revision of salary in the prescribed pay-scale were
also extended in favour of the petitioner. Despite there being
revision from time to time in favour of this petitioner by taking
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
appropriate decisions by the concerned authorities of the
University, for no prudent reason, the payment of salary was
stopped from June, 2011 and in meantime, a letter dated
03.05.2013 was issued by the concerned authorities under the
Education Department of the State Government by which the
Registrar of the University was informed that on account of the
appointments of altogether 61 teacher working at different
colleges under the University having not been made on the basis
of the recommendation of the erstwhile Bihar College Service
Commission, Patna, their names had not been included in the
budgetary allocations for the financial year 2011-2012 and
accordingly, the Registrar of the University was directed to
place the matter before the concerned Selection Committee to
be constituted by the University for the purpose of confirmation
of their services. Subsequently, letter dated 13.06.2013 was
issued by the Registrar of the University by which the
concerned authorities of the College were informed regarding
the aforesaid letter dated 03.05.2013 issued by the State
Government, by which the Colleges were directed to take
necessary steps and notwithstanding, the fact that the aforesaid
office order dated 14.08.2010 issued by the University, the
services of the petitioner had already been confirmed by the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
University, pursuant to the decision taken by the Syndicate of
the University.
18. It has next been submitted that on account of
order dated 08.11.2010 passed in CWJC No. 3890 of 2004 by
the Co-ordinate Bench, certain coercive actions were sought to
be taken against the petitioner by the concerned authorities
under the University and the petitioner was ultimately coerced
to move to this Court by filing appeal vide L.P.A. No. 859 of
2013 against the aforesaid order dated 08.11.2010, which is said
to have been allowed vide order dated 24.02.2014, by which the
order dated 08.11.2010 passed in CWJC No. 3890 of 2004 as
well as one consequential order dated 27.01.2012 issued by the
University were also set aside. Thereafter, in furtherance of the
direction contained under letter dated 13.06.2013 issued by the
University, the Governing Body of the College took steps
towards constitution of the Selection Committee for the
purposes of recommending the names of Lecturers working in
different subjects at the College, so that their services could be
confirmed after recommendations from the Selection Committee
to be constituted in the said respect. In terms of the provisions
contained in Section 57(A) (6) of the Bihar State Universities
Act, 1976 (for short 'the Act, 1976') steps were taken for
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
constitution of the Selection Committee by the College for
considering cases of different teachers working at the college
including the present petitioner for making recommendations in
their favour for confirmation of their services in their respective
capacities as teachers at the College and in furtherance thereof,
a letter dated 27.02.2015 was issued by the Registrar of the
University, by which, names of three experts in the subject of
Hindi were nominated for constitution of the Selection
Committee and the services of the present petitioner were
placed before the Selection Committee duly constituted in terms
of Section 57(A)(6) of 'the Act, 1976'. During the proceeding of
Selection Committee constituted by the College on 28.05.2015,
the petitioner's case was recommended for absorption and
confirmation of her services in the capacity of Lecturer in the
said subject.
19. The entire exercise so carried out by the
University clearly shows that in terms of the direction issued by
the State Government vide letter dated 03.05.2013, the name of
the petitioner was recommended for absorption and
confirmation of services in the capacity of Lecturer in the said
subject in accordance with law and as such, she is clearly
entitled for payment of salary and consequential benefits, which
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
is said to have been denied since June, 2011.
20. Learned Senior Counsel for the petitioner next
submits that notwithstanding the fact the Selection Committee
duly constituted by the University having already approved the
case of the petitioner for confirmation and absorption of her
services in the respective subject in accordance with law,
pursuant to the decision dated 09.12.2017, still the case of the
petitioner was once again placed before the Selection
Committee constituted with regard to consideration of her case
for absorption and the Selection Committee so constituted in
terms of provision of Section 57(A)(6) of 'the Act, 1976' where,
the case of the petitioner placed for consideration, which
considered the case of the petitioner in its meeting dated
17.02.2018 and her name was again recommended for
absorption in the service in capacity of Assistant Professor in
Hindi subject w.e.f. 10.02.1981 and the Secretary of the College,
vide letter dated 05.03.2018 had been requested to take
necessary steps for making payment of salary in favour of the
petitioner, which was withheld/not paid since June, 2011 and
despite allocation of necessary funds made by the University for
the purpose of making payment of salary, no action in relation to
the payment of salary in favour of the petitioner was made.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
21. The entire action of the University as well as the
State Government is in teeth of the provisions so incorporated
for making selection and the selections which have been made
in accordance with law with respect to this petitioner and for no
prudent reason, same has not been considered and, therefore,
learned Senior Counsel prays for appropriate directions to be
issued keeping in mind that all such Selection Committees at
various levels from time to time, which are said to have been
constituted, have appropriately recommended the name of this
petitioner and there is no reason before the authorities either for
the University or for the State not to extend such benefits, for
which this petitioner is legally entitled, much less for the salary
and as also for the other benefits on superannuation.
Civil Writ Jurisdiction Case No. 10787 of 2019
22. The petitioners have preferred this writ petition
for the following relief(s):-
"(i) Issuance of a direction, order
or writ including writ in the nature of
mandamus commanding the respondent
authorities under the Education Department
of the State Government as well as
Kameshwar Singh Darbhanga Sanskrit
University, Darbhanga (hereinafter referred
as "the University") to take towards making
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
payment of current salary along with arrears
of salary in favour of the petitioners that
have been withheld since December, 2018
without there being any just and valid reason
in support thereof notwithstanding the fact
that the present petitioners have
continuously discharging their duties in their
respective capacities as Assistant Professors
at Satya Narayan Sankrit College.
Chhatauni, Madhubani (hereinafter referred
to as "the College");
(ii) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the Education
Department of the State Government to take
steps towards making available necessary
funds in favour of the University so as to
ensure payment of salary in favour of the
petitioners that has been withheld since
December, 2018 in the most illegal and
arbitrary manner;
(iii) Issuance of a direction, order
or writ including writ in the nature of
mandamus commanding the concerned
respondent authorities to make payment of
penal interest over and above the amount of
salary along with arrears of salary that may
be found to be admissible in favour of the
petitioners as without there being any just
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
and valid basis, the payment of salary in
their favour has been withheld since
December, 2018 despite the fact that the
petitioners have continuously discharging
duties in their respective capacities as
Assistant Professors in the services of the
College;
(iv) Issuance of a direction, order
or writ including writ in the nature of
certiorari quashing office order dated
23/09/2018 issued by the concerned
authorities under the Education Department
of the State Government, by which, in the
most illegal and arbitrary manner, while
assigning completely misconceived and
baseless reasons, letter dated 09/12/2017
bearing letter no. 2024 issued by the
Education Department of the State
Government had been sought to be
withdrawn and the proposal sent by the
University by its letter dated 09/05/2018
with respect to confirmation of services of 67
teachers was rejected by the State
Government;
(v) Any other relief/reliefs that the
petitioner/petitioners may he found to be
entitled to in the arts and circumstances of
the present case."
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Submissions of the petitioners
23. Learned Senior Counsel for the petitioners
submits that petitioners no.1 holds the substantive post of
Assistant Professor in Vyakaran at the College, while the
petitioner no.2 is working in the capacity of Assistant Professor
in Jyotish in the services of the College in accordance with law,
which would be evident from the fact that on the basis of local
advertisement dated 12.01.1977 issued by the College inviting
applications from eligible candidates for consideration of their
cases for appointment against the posts of lecturers in the
subjects of Vyakaran and Jyotish, the petitioners are said to have
submitted their applications for consideration on the said posts
and upon having participated in the interview conducted by the
Selection Committee and on the basis of recommendation made
by the Selection Committee vide letter dated 22.05.1977, the
petitioners were informed with respect to the appointment
against the posts in the respective subjects and pursuant thereto,
they submitted their joining.
24. Learned Senior Counsel for the petitioners next
submits that while the petitioners were continuously discharging
their duties in the capacity of lecturers in their respective subject
at the College, an advertisement dated 10.09.1980 was again
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
published by the College in the Hindi Daily 'Aryavarta' inviting
applications from eligible candidates for consideration of their
cases for appointment against the posts of lecturers in different
subjects at the College and amongst other persons, the
petitioners, once again submitted their applications in the
prescribed manner for being considered for appointment against
the respective posts and in the respective subjects and also
participated in the process of selection conducted pursuant to
the said advertisement has accordingly recommended for
appointment.
25. Learned Senior Counsel next argued at this stage
that the College is affiliated to the University and enjoys the
status of being a full deficit grant College and in terms of the
provisions of Section 57(A) of 'the Act, 1976', the appointment
of the teachers at the College was to be made on the basis of the
recommendations made by the concerned authorities under the
erstwhile Bihar College Service Commission, Patna and till
such time the recommendations of the said Commission were
received, the persons appointed in the capacity of teachers were
to be allowed to continue and, as such, on the basis of approval
granted by the University in relation to their appointments. The
petitioners were continuously discharging the duties in the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
capacity of lecturers in their respective subjects at the College
and vide letter dated 19.01.1981 issued by the Registrar of the
University, the Secretary of the College was informed with
respect to the approval of the University regarding appointment
and continuance of different teachers, which also included,
amongst other persons, the name of the present petitioners and
the period of approval granted by the University regarding
different teachers finds mention in letter dated 19.01.1981,
which is appended with the writ petition as Annexure-5.
26. At this stage, learned Senior counsel submits that
by different letters issued by the concerned authorities under the
University, the period of approval granted in respect of
continuance and appointment of the petitioners were extended
from time to time and similarly, the said extension was also
made in favour of petitioner no.2 and the relevant extension
orders issued with respect to these petitioners are appended as
Annexure-6 and Annexure-8 series to the writ petition
respectively.
27. It has next been submitted that the present
petitioners have continuously been discharging their duties as
lecturers in the respective subjects at the College and even the
concerned authorities of the University had granted the approval
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
in the matters of appointment and since the services had not
been confirmed despite recommendation made by the erstwhile
Bihar College Service Commission, the matter with respect to
confirmation was placed before the Syndicate of the University
in its meeting held on 05.12.2009 by Agenda No. 5 and the
Syndicate decided to take steps towards confirmation of the
services of a number of teachers working in different affiliated
Colleges appointed between 16.08.1976 to 28.02.1980 subject
to fulfillment of the requirements as indicated in the said
decision of the Syndicate and on the basis of decision taken by
the Syndicate of the University during its meeting held on
05.12.2009, the services of the present petitioners were
confirmed in their respective capacities as lecturers in Vyakaran
and Jyotish at the College with effect from 01.04.1980 and from
time to time pay fixations were also made with appropriate
revision of salary and petitioner no.2 was also granted promotion
against the post of Reader in Jyotish in the services of College
under University w.e.f 01.04.1990, while both the petitioners
amongst others were continuously discharging duties, on the
post of teachers in their respective subjects and during
the meeting of Syndicate of University held on
01.11.2013 by Agenda No. 5, decision for
regularization / confirmation of services of altogether
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
28 teachers working in different Colleges affiliated to the
University was taken and the petitioners no. 1 and 2 also find
place in the said order of regularization at Serial No. 26 and 27
and as such, vide office order dated 21.11.2013, the services of
these petitioners were once again confirmed/regularized with
effect from 01.04.1980.
28. Learned Senior counsel submits that in the
meantime, the Bihar State Universities (Amendment) Act, 2015
was effected by the Legislature of the State of Bihar by which
an amendment in Section 57(A) of the Bihar State Universities
Act, 1976 was introduced by which a new Sub-Section, namely
Sub-Section (6) was added after Sub-Section (5) to Section to
Section 57(A ), which is reproduced as under:-
"(6) The Selection Committee,
subject to this Act, will complete the scrutiny
of the cases of the teachers of affiliated
degree Colleges appointed prior to
19/04/2007, without the recommendation of
the Bihar College Service Commission on
the basis of qualification in force at the time
of appointment of such teachers up to
31/03/2017, otherwise such appointments
will not be treated valid. Thereafter the
Governing Body of the College will accept
the names recommended by the Selection
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Committee, which shall be finally approved
by the concerned University.
Distribution of the amount of
grant sanctioned by the State Government
will be made amongst the teachers in the
concerned affiliated degree Colleges by its
Governing Body up to 31/03/2017."
29. It has further been stated that upon coming into
existence of the aforesaid Bihar State Universities (Amendment)
Act, 2015, notwithstanding the fact that the services of the
present petitioners had already been confirmed pursuant to the
decision taken by the Governing Body of the College on the
basis of the recommendation made by a Selection Committee
constituted at the College and accordingly, the same had also
been approved, and vide letter dated 09/12/2017, issued by the
Director, Higher Education, Education Department, Bihar,
Patna, by which the Registrar of the University was instructed to
send a proposal for making payment of salary in favour of
altogether 37 teachers working at different Colleges affiliated to
the University after obtaining necessary recommendation of the
Selection Committee to be constituted in terms of section 57(A)
(6) and after obtaining approval of the same by the competent
authority under the University.
30. It has next been submitted by the learned Senior
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Counsel that in the manner as aforesaid, it is manifest that the
only infirmity shown by the State Government vide its letter
dated 09/12/2017 was not a substantive infirmity which was
procedural in nature and the same could have been cured by
placing the same before the Selection Committee constituted in
terms of 57(A)(6), which steps were subsequently undertaken.
31. It has also been submitted that thereafter, in
furtherance of the directions contained under the aforesaid
letters issued by the concerned authorities under the State
Government as well as the University, a Selection Committee
was constituted at the College in terms of the provisions
contained under section 57(A)(6) of the Bihar State Universities
Act as amended by the Bihar State Universities (Amendment)
Act, 2015 and thereafter, the recommendations made by the
Selection Committee, which in turn were approved by the
Governing Body of the College and were placed before the
concerned authorities of the University for the needful.
32. Pursuant thereto, during the meeting of the
Syndicate of the University held on 24/03/2018, by agenda no.
18.1.4, it was inter alia, decided to approve and confirm the
services of the present petitioners, amongst other persons, in
terms of the provisions contained under Section 57(A)(6) of the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Bihar Universities (Amendment) Act, 2015.
33. In view of the approval and confirmation of
services of the present petitioners having been made by the
Syndicate of the University during its meeting held on
24.03.2018, a notification by the University dated 09.05.2018
was issued by which the services of the present petitioners were
confirmed w.e.f 01.04.1980 in their respective subjects in terms
of the provisions contained under Section 57(A)(6) of the Bihar
State Universities (Amendment) Act, 2015.
34. Learned Senior counsel further submits that the
authorities under Department of Education issued an office
order dated 23.09.2018, by which in a most arbitrary and illegal
manner and by assigning misconceived and baseless reason, the
letter no. 2024 dated 09.12.2017 was sought to be withdrawn, in
furtherance of which the University after having obtained the
recommendation of the Selection Committee constituted in
terms of Section 57(A) (6) of the Bihar State Universities
(Amendment) Act, 2015, had sent a proposal for confirmation of
services of such teachers along with a request for making
payment of salary to them, which deserves to be interfered with
by the Hon'ble Court for directing payment of salary in favour
of the petitioners, who have not received the same since the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
month of December, 2018.
Civil Writ Jurisdiction Case No. 10239 of 2019
35. This writ petition has been filed for following the
relief(s):-
"(i) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the Education
Department of the State Government to take
steps towards allocating necessary funds to
Kameshwar Singh Darbhanga Sanskrit
University, Darbhanga (hereinafter referred
to as "the University") to ensure payment of
salary in favour of the petitioner along with
arrears of salary that have not been paid to
the petitioner since June, 2011 in the most
illegal and arbitrary manner;
(ii) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the Education
Department of the State Government and the
found to be a admissible in favour of the
petitioner, which had been illegally not paid
to him since June, 2011;
(iii) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
respondent authorities under the Education
Department of the State Government to
make payment of penal interest over and
above the amount of salary along with
arrears of salary as may be found to be
admissible in favour of the petitioner, which
had been illegally not paid to him since
June, 2011
(iv) Issuance of a declaration
holding that the petitioner is entitled for
being paid salary on a regular basis and
also for payment of arrears of salary in lieu
of the salary that has not been paid to him
since June, 2011 notwithstanding the fact
that he has been continuously discharging
the duties in the capacity of Principal of
Rajeshwar Thakur Sanskrit Mahavidyalaya,
Gorhiyari Raghopur in the district of
Darbhanga (hereinafter referred to as "the
College");
(v) Any other relief/reliefs that the
petitioner may be found to be entitled to in
the facts and circumstances of the present
case.
36. Further, through Interlocutory Application No. 01
of 2023 additional relief(s) were incorporated in the main relief
which are also being incorporated in the main relief of the writ
petition.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
"(i) Issuance of a direction, order
or writ, including writ in the nature of
certiorari quashing the office order dated
23/09/2018 bearing memo no. 1726 issued
by the concerned authorities under the
Education Department of the State
Government, by which the proposal for
confirmation of services of altogether 67
teacher including the present petitioner sent
by the University has been rejected;
(ii) Issuance of a direction, order
or writ, including writ in the nature of
certiorari quashing the letter dated
05/11/2018 issued by the concerned
authorities under the Education Department
of the State Government, by which the
Registrar of the University was informed
that the proposals made by the University
for confirmation of services of 67 teachers
has been rejected and accordingly, the
proposal had been returned;
(iii) Any other relief/reliefs that the
petitioner may be found to be entitled to."
Submissions of the petitioner
37. Learned senior counsel for the petitioner submits
that the petitioner was initially appointed as a Lecturer in
Jyotish at the College pursuant to a decision taken by the
Governing Body and he joined the post on 01.04.1980. While he
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
was discharging his duties, the authorities under Human
Resource Development Department of the State Government
issued a letter dated 18.09.1992 (Annexure-1) stopping the
release of funds to the College till the pendency of certain
information so sought from them. In response to which, the
Principal of the College vide letter dated 22.10.1992 (Annexure-
2) furnished the necessary information to the concerned
authorities demonstrating that the College fulfilled all terms and
conditions and requested to cancel the aforesaid letter dated
18.09.1992, by which the salaries had been stopped. It has next
been submitted that when no action was taken by the concerned
authority of the State Government, the petitioner along with
other similarly situated persons moved this Court by filing the
writ petition being CWJC No. 4126 of 1994 with a prayer to
quash the letter dated 18.09.1992. The said writ petition got
disposed of vide order dated 28.06.1994 (Annexure-3) and the
State Government was directed to pass the necessary orders
after examining the information furnished by the College by a
reasoned and speaking order.
38. Since no action was taken within the time so
fixed by the Hon'ble Court, the petitioners were constrained to
file contempt petition being MJC No. 1575 of 1994, which was
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
disposed of in the light of the fact that directions have been
issued for making payment of salary in favour of some of the
persons working at the College by reserving liberty to the
petitioner that if they were aggrieved by the actions of the
concerned authority of the State and the University, they could
challenge the same.
39. It has been next submitted that in view of the
order passed by the Hon'ble Court in the writ petition as well as
in the contempt petition, the salary was regularized but
arbitrarily it was withheld/stopped against from the month of
June, 2011 without assigning any reason. Subsequently,
pursuant to letter dated 27.11.2012 (Annexure-7), a Selection
Committee was constituted which duly resolved to confirm the
services of different teachers working at the College including
the present petitioner. On the recommendation, so made, was
placed before the Syndicate on 13.12.2013 leading to the
issuance of Memo No. 1877 dated 19.12.2013 absorbing the
services w.e.f 01.04.1980. It has next been submitted that the
Registrar forwarded a copy of this officer order to the Director,
Higher Education through letter no. 20.12.2013 requesting the
release of necessary funds to ensure for making payment of
salary to the teachers, whose salary was withheld since June,
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
2011 but despite repeated reminders including the letter dated
22.07.2015, the State did not release the fund for payment of
salary.
40. It has next been submitted that after the Bihar
State Universities (Amendment) Act, 2015 which introduced
Section 57(A)(6), the matter was placed before the duly
constituted Selection Committee under the recommended
statute. The Committee met on 16.02.2018 and unanimously
recommended the petitioner for permanent absorption on the
post of Assistant Professor w.e.f 01.04.1980. The
recommendation so made was placed before the Syndicate on
24.03.2018, where it was finally approved under Agenda No.
18.1.4 (Annexure-15). It is the stand of the petitioner that a list
of 37 teachers including the petitioner was forwarded to the
State Government through letter dated 07.04.2018 (Annexure-
16) requesting the release of funds for salary. Learned counsel
for the petitioner submits that despite further intervention sought
by the petitioner by filing CWJC No. 444 of 2018, which got
disposed of on 11.05.2018 with a direction to the University as
well as to the State to see that all the payments are made to the
petitioner both arrears as well as current by fixing a time, was
also not taken care of by the State Government and had
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
arbitrarily rejected the petitioner's proposal by issuing office
order dated 23.09.2018 (Annexure-20), which included the
proposal for 67 teachers including the petitioner on erroneous
ground that the State Govt. lacked power to regularize the
teachers under Sections 57(A), 57(B) and 57A(6).
41. The development which is said to have taken
place during the pendency of the writ petition by passing the
order as contained in Memo No. 1726 dated 23.09.2018 and
letter dated 05.11.2018 were sought to be challenged by filing
Interlocutory Application bearing 01/2023, which was allowed
and accordingly, the additional prayer seeking quashing of the
letter dated 23.09.2018 and letter dated 05.11.2018 had also
been taken together for consideration along with the main relief
sought by the petitioner.
Civil Writ Jurisdiction Case No. 10722 of 2019
42. The present writ petition has been preferred for
the following relief(s):-
(i) Issuance of a direction, order
or writ including writ in the nature of
mandamus commanding the concerned
authorities in the Education Department of
the State Government as well as Kameshwar
Singh Darbhanga Sanskrit University,
Darbhanga, (hereinafter referred to as "the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
University") to take steps towards making
payment of current salary along with arrears
of salary that has not been paid to the
petitioner since December, 2018 without
there being any just and valid reason in
support thereof:
(ii) Issuance of a direction, order
or writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities under the Education
Department of State Government to make
available necessary grants in favour of the
University so as to ensure payment of salary
in favour of the petitioner that has not been
paid to him since December, 2018
notwithstanding the fact that the petitioner
has been continuously discharging his duties
in the capacity of the Assistant Professor, in
the Department of Jyotish at Sanskrit
College, Rosera, Samastipur, (hereinafter
referred to as "the College");
(iii) Issuance of a declaration
holding that the petitioner is entitled for
being paid his salary on regular basis as per
his entitlement in accordance with law and
the action on the part of the concerned
respondent authorities under the Education
Department of the State Government in not
making available necessary grants for
making payment of salary to the petitioner is
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
clearly untenable in eye of law, the same
being in blatant disregard and violation of
Articles 14 & 21 of the Constitution of India;
(iv) Any other relief/reliefs that the
petitioner may be found to be entitled to in
the facts and circumstances of the present
case."
Submissions of the petitioner.
43. Learned senior Counsel for the petitioner submits
that despite the petitioner's service having been duly regularized
by the University, the State has unlawfully withheld his salary
since December 2018 in violation of the law and directions
issued by this Court.
44. It is submitted that the Petitioner was appointed as a
Lecturer in Jyotish at Kameshwar Singh Darbhanga Sanskrit
College ("the College") pursuant to the College's advertisement
dated 07.02.1978 (Annexure-1). The College's Governing Body
approved his appointment on 21.01.1979, and the Principal
conveyed regarding the appointment of the Petitioner vide letter
dated 25.01.1979 (Annexure-2), directing him to join the post.
The Petitioner joined on 09.02.1979 and commenced
discharging his duties as Lecturer in Jyotish.
45. It is next submitted that University thereafter
approved the Petitioner's initial appointment and continuance
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
from 09.02.1979 to 13.12.1981 through its Registrar's letter
dated 01.02.1982 (Annexure-3). Thereafter, on the basis of
various University communications, the Petitioner's service was
periodically continued in accordance with law (Annexure-4
Series). Notably, by letter dated 05.04.2006 from the State
Government's Human Resource Development (Higher
Education) Department, the Registrar was informed that the
College had been granted permanent affiliation (Annexure-5).
46. Pursuant to the decision of the University's
Syndicate in its meeting held on 05.12.2009, the Petitioner's
service was formally confirmed as Lecturer in Jyotish w.e.f.
01.04.1980 by Office Order dated 19.08.2010 (Annexure-6).
Later, the State Education Department issued a letter dated
03.05.2013 (Annexure-7) directing the University to constitute
fresh Selection Committees for lecturers, whose salary had been
unpaid due to non-allocation of funds. Complying with this
directive, the College Selection Committee considered the
Petitioner's case, and the University's Syndicate again
regularized his services as Lecturer (effective from 01.04.1980)
and accordingly, the University by order dated 04.12.2013
(Annexure-8) confirmed the regularization. The Registrar
forwarded the confirmation/appointment to the State
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Government vide letter dated 20.12.2013 (Annexure-9).
47. After the Bihar State Universities (Amendment)
Act, 2015 came into force, the State issued a letter dated
09.12.2017 (Annexure-9) requiring the University to constitute
a Selection Committee under Section 57(A)(6) of the Act and
submit recommendations for payment of salaries of teachers in
deficit-aided colleges. The Registrar, by letter dated 20.12.2017
(Annexure-10), instructed the College to comply. In accordance
to the same, a Selection Committee meeting was held on
16.02.2018 (Annexure-11), which examined the Petitioner's
appointment history and unanimously recommended his
confirmation/regularization as Assistant Professor (formerly
Lecturer) w.e.f. 01.04.1980. The University's Syndicate
approved the recommendation in a meeting held on 24.03.2018,
and the University issued Notification dated 09.05.2018
(Annexure-12) confirming the Petitioner's services as Lecturer
(Jyotish) w.e.f. 01.04.1980.
48. Learned Senior Counsel for the petitioner further
submits that the State Government suddenly intervened and
Office order dated 23.09.2018 (Annexure-13) whereby the
proposal of the University for confirmation of the 67 teachers
including the petitioner under Section 57(A)(6) vide
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Notification dated 09.05.2018 was rejected. No reasons of
substance were communicated. Thereupon, despite having
discharged his duties without interruption, the payment of
petitioner's salary were withheld by the State from December
2018 onwards. The College Principal drew the matter to the
University's notice by letter dated 16.01.2019 (Annexure-14)
requesting release of the salary. The Petitioner also submitted a
representation dated 18.01.2019 (Annexure-15) to the Vice-
Chancellor seeking payment of his withheld salary and arrears.
The Registrar later sought a legal opinion dated 10.01.2017 by
the Learned Advocate General, who vide letter dated
25.03.2019, Annexure-16, opined that no further Government
approval was required under Section 57(A)(6) and requested
that necessary funds be made available, so that the salaries
withheld could be paid.
49. Learned Senior Counsel further submits that the
Petitioner invokes Articles 14, 21 and 23 of the Constitution,
and Section 57(A)(6) of the Bihar State Universities Act, 1976
(as amended) to seek a mandamus directing payment of his
current and arrears salary from December 2018 onward.
50. To conclude, learned Senior Counsel submits that
he has continuously worked as a lecturer/assistant professor and
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
was lawfully regularized; the State's rejection order is arbitrary
and illegal; and withholding his salary violates his fundamental
right to livelihood (Article 21) and amounts to "forced labour"
(Article 23) on the strength that the petitioner's regularization
was carried out strictly in terms of law. The Selection
Committees and Syndicate have approved his appointment and
service under Section 57(A)(6) of the Act, and the University
issued a notification to that effect. It is further argued that the
State's office order dated 23.09.2018 rejecting the confirmations
is unfounded and was issued on "patently frivolous and
untenable grounds". The Petitioner points out that the College in
question is a "full deficit grant" affiliated college, meaning that
the State is statutorily required to pay the salaries of duly
appointed teachers from grant-in-aid funds. Learned Senior
Counsel further argues that his appointment and continuance are
valid under the statutory scheme, and consequently he is entitled
to salary for the period it was withheld. The refusal to pay salary
is arbitrary, discriminatory (violation if Article 14) and as also in
violation of his right to livelihood under Article 21; non-
payment of earned wages also infringes Article 23 (no person
can be compelled to work without remuneration). Learned
counsel emphasizes that the petitioner has no equally efficacious
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
alternative remedy, and prays for appropriate relief.
51. The learned Senior Counsel representing the State
in all the cases, has taken a fair stand by submitting written
notes of argument which is being reproduced as under:-
"the Hon'ble High Court in CWJC No. 250 of 2019
(Balram Pandey v. The State of Bihar) and CWJC No. 808 of
2019 (Ghanshyam Jha & Ors v. The State of Bihar & Ors. has
been pleased to quash the letter no. 1726 dated 23.09.2018 of
the State Government whereby the Education Department, State
of Bihar has been pleased to release the grant for the teachers
working in the various college under the Sanskrit University
and were appointed by the University. It has further been
pointed out by the learned Senior Counsel that LPA No. 683 of
2023 and LPA No. 690 of 2023 as well as SLP© No. 023633 of
2025 (State of Bihar v. Ghanshyam Jha & Ors) and SLP© No.
024179 of 2025 (State of Bihar v. Balram Pandey & Ors)
preferred by the State Government against the order passed by
the Hon'ble Single Judge stood dismissed and as such, the
order has attained finality and for the present, the judgments
rendered in CWJC No. 250 of 2019 and CWJC No. 808 of
2019 has attained finality and the case of this petitioner is
covered by the aforesaid judgments."
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
52. Learned Counsel for the University emphasises
that the University has complied with all procedures prescribed
by law. The University convened the Selection Committee at the
College and the Syndicate approved the Petitioner's
regularization by issuing respective office order. After the 2015
Amendment, it again obtained unanimous Committee
recommendations and the Syndicate's approval was sought for
confirming the services of the teachers in question by issuing
Notification in this regard accordingly. Pursuant to the approval,
the University forwarded the proposals to the State requesting
release of necessary fund. It has been specifically submitted that
the University is willing and ready to pay the Petitioner's salary,
but remains entirely dependent on the State's grant: without the
State's sanction of funds, the University has no budget to
disburse salaries. The University also remarks that the College's
proposal for permanent affiliation was itself rejected by the
State in January 2014, which indicates the State's resistance to
funding the College. In the absence of State allocation, the
University asserts it cannot unilaterally incur expenditure for
these salaries.
Consolidated stand/submissions of the State
in all the cases.
53. The learned counsel for the State has submitted
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
that the proposal of the University contained in Memo No. 719
dated 09.05.2018 regarding confirmation of 67 teachers
including the petitioner has been rejected and returned back to
the University by the State Government vide Memo No. 1726
dated 23.09.2018. It has further been contended that Section
57(A) (6) of the Bihar State Universities (Amendment) Act,
2015 is not applicable for the teachers of affiliated college
getting benefit of deficit grant in aid rather the same is
applicable for affiliated college getting performance based
grant. However, learned State counsel has fairly submitted that
these issues have been considered by the Hon'ble High Court in
CWJC No. 250 of 2019 (Balram Pandey v. The State of Bihar)
and CWJC No. 808 of 2019 (Ghanshyam Jha & Ors v. The State
of Bihar & Ors. and on consideration of entire facts and
materials, has been pleased to quash the letter no. 1726 dated
23.09.2018 of the State Government, whereby the Education
Department, State of Bihar has been directed to release the grant
for the teachers working in the various college under the
Sanskrit University and were appointed on the recommendation
of the Selection Committee, which was approved by the
University. It has further been pointed out by the learned Senior
Counsel that LPA No. 683 of 2023 and LPA No. 690 of 2023 as
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
well as SLP© No. 023633 of 2025 (State of Bihar v.
Ghanshyam Jha & Ors) and SLP© No. 024179 of 2025 (State of
Bihar v. Balram Pandey & Ors) preferred by the State
Government against the order passed by the Hon'ble Single
Judge stood dismissed and as such, the judgments rendered in
CWJC No. 250 of 2019 and CWJC No. 808 of 2019 has
attained finality and the case of the petitioners are covered by
the aforesaid judgments of the Co-ordinate Bench.
Consolidated stand/submissions of the University in all the
cases.
54. It has been submitted on behalf of the University
that the University duly constituted a Selection Committee
which recommended the petitioner's regularization and the same
was approved by the respective Syndicates. The Registrar
forwarded the proposal for requesting necessary funds.
However, the State Government rejected the proposal. The
University further points out that the proposal for permanent
affiliation of the College was also rejected by the State. As such,
in the absence of State allocation, the University expresses its
inability to make payment.
55. Grounds of rejection with respect to affiliated
Colleges.
(i) Syndicate of the University in its meeting dated
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
30.11.2004 rejected the proposal of the college regarding
approval of appointment in respect of petitioner, Dr. Surendra
Prasad Dwivedi (CWJC No. 3653 of 20169), as the petitioner
was not having requisite qualification (55% marks in M.A.) for
appointment of Lecturer rather he was having 45% of marks.
Therefore, not eligible for appointment as per Statute as he was
not having requisite qualification of high second class.
(ii) Section 57(A) (6) is not applicable for the teachers of
affiliated college getting benefit of deficit grant in aid rather the
same is applicable for affiliated college getting performance-
based grant
(iii) Recommendation for appointment were not made
by Bihar College Service Commission under the provisions of
Bihar State Universities Act, 1976.
(iv) The proposal of the University contained in
resolution bearing memo no.719 dated 09.05.2018 regarding
confirmation of service of 67 teachers including the petitioner
has been rejected and returned back to the University by the
State Government vide letter no. 1726 dated 23.09.2018.
Consideration
56. From the pleadings of the parties, it is quite
evident that the impugned orders are common in all the writ
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
petitions of the affiliated colleges, which seeks quashing of
Memo No. 1726 dated 23.09.2018 whereby the Education
Department, State of Bihar has refused to release the grant for
the teachers, who were working in various colleges in the
Sanskrit University, who are said to have been appointed by the
University and the recommendations of the Selection
Committee made in the case of petitioners of all the writ
petitions, were appointed by the Governing Body of the
respective colleges which were placed before the Statutory
Body of the University for consideration which further
confirmed their services through respective decisions referred
through the provisions prescribed as per the amendment having
been effected in Bihar State Universities (Amendment)Act,
2015 with the introduction of Section 57(A)(6) by making
amendment in 57(A) of the Bihar Universities Act, 1976.
57. It is apt to state that the Government of the State
as well as the University that the petitioner of CWJC No. 3653
of 2019 (Dr. Surendra Prasad Dwivedi v. the State of Bihar &
Ors) has a second division and the appointment of the petitioner
is void ab initio, is totally unfounded in view of the statute for
regularization of services framed for purely temporary lecturers
appointed on or before 20th February 1982 and the Rule 1-b
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
clearly shows that the only requirement is second Class Master's
degree, which could be inferred from the statute for
regularization as approved by the Chancellor vide letter no.
BSU-25/85-283-GS(1) dated 29.01.1986. and therefore, the
stand of the State is totally misplaced and the case of the
petitioner is equally covered by the Judgment of Balram
Pandey (Supra).
58. A Co-ordinate Bench of this Court in CWJC No.
250 of 2019 (Balram Pandey v. The State of Bihar & Ors)
along with its analogous case being CWJC No. 808 of 2019
(Ghanshyam Jha & Ors. v. The State of Bihar & Ors) has
already dealt with the issues in extenso and the relevant portion
of such consideration are being reproduced as under:-
"......4. This Court passed an order on
20th August 2019 directing the State to file specific
affidavit with regard to the recommendation of the
University in C.W.J.C. No. 808/2019. However, the
same was not complied with. Again on 05.09.2022,
this Court directed the respondents to file the
affidavit. Thereafter, an affidavit has been filed by
the Deputy Director, Higher Education, Patna
stating that the petitioners were appointed as
temporary teachers in different colleges under
Section 35 (2) of the Bihar State Universities Act
1976 which only provides for appointment for a
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
period of six months. The same has to be continued
only after further approval from the State. The
University in consultation with the management of
the colleges allowed them to continue the
petitioners and salaries were paid to them up to the
year 2011, when it was brought to the knowledge
of the State Government the payment of salaries for
such teachers was stopped. It is further stated that
so far as amendment made under Section 57(A)(6)
of the State Universities Act is concerned the same
is to extend the benefits to teachers of affiliated
colleges which are being provided grants taking
into consideration the performance of the students
appearing in the examination and the said
amendment was not meant for the teachers of
deficit grant affiliated colleges. It is asserted by the
State that provisions of Section 57(A)(6) would
have no application relating to the teachers working
in the colleges which are receiving deficit grant-in-
aid and therefore, the request made by the
University even after regularizing their services
was not acceptable to the State Government and the
letter dated 06.10.2022 has been placed on record
to assert that the State grant is not required to be
released for such teachers and they could not have
been confirmed by the University. A similar stand
has been taken by the State in C.W.J.C. No.
250/2019.
5. Learned counsel appearing for the
petitioners has invited attention to the Section
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
57(A)(6) of the Bihar State Universities Act 1976
which has been brought in force from 27th August
2015 to submit that a selection committee was
required to be formed for scrutinizing the cases of
the teachers appointed without the recommendation
of the Commission prior to 19.04.2007 in the
affiliated degree colleges on the basis of the
qualifications enforced at the time of appointment
of six teachers till 31st March 2018. The petitioners
who were appointed in the respective colleges
cannot be excluded from the said provision on the
basis of the nature of grant being issued by the
State Government.
6. I have considered the submission. It
would be apposite to quote the amendment made in
Section 57 (A) of the Bihar Universities Act 1976
notified as on 27th August 2015 :-
"Preamble :-
Whereas, the State Government
has taken a policy to abolish the
Vitta Rahit Shiksha Niti and to
provide grants to the
institutions including degree
colleges vide resolution no.
1846, dated 21.11.2008. In
course of distribution of grants
amongst the teachers of the
affiliated.
2. Amendment in
Section 57A of the Bihar Act 23,
1976 -In the Bihar State
Universities Act, 1976 (Bihar
Act 23, 1976), the following
new sub-section (6) shall be
added after sub-section (5) of
Section 57A of Bihar Act 23 of
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
1976 :-
"(6) The Selection
Committee, subject to this Act,
will complete the scrutiny of the
cases of the teachers of
affiliated degree colleges
appointed prior to 19.04.2007,
without the recommendation of
the Bihar College Service
Commission on the basis of
qualifications in force at the
time of appointment of such
teachers upto 31.03.2017,
otherwise such appointments
will not be treated valid.
Thereafter the Governing Body
of the college will accept the
names recommend by the
Selection Committee, which
shall be finally approved by the
concerned University.
Distribution of the amount of
grant sanctioned by the State
Government will be made
amongst the teachers in the
concerned affiliated degree
colleges by its Governing Body
upto 31.03.2017."
7. It appears that vide gazette
notification of Act of 2017, the Section 57(A)(6)
was further amended and following provisions
were added. The affiliated degree colleges has
been added. The amendment which was made in
2017, was on the basis of a Preamble which
requires to be noticed. From the perusal of the
aforesaid amendments and the Preamble to the
amendment made on 4th September 2017, it is
apparent that the State Government wanted the
Department to scrutinize all the cases of all those
working teachers appointed without the
recommendation of the Bihar College Service
Commission without making any distinction
between those who were receiving different kinds
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
of grants namely the deficit grant or the grant
against performance. It is noticed that the Vitta
Rahit Shiksha Niti have been abolished by the
State Government and therefore, no distinction
could have been drawn by the State Authorities in
between the teachers who were appointed in
colleges which were receiving different types of
grants. This Court, further finds that the
University has in terms of provisions of Section
57 (A) exercise its power and scrutinize the cases
of the petitioners and found them fit to be
confirmed on their post. Recommendation for
releasing of grant was sent to the State
Government vide letter dated 25th March 2019
informing that the teachers have been duly
recommended for release of the salary. Opinion of
the Additional Advocate General had already also
been taken by the University before sending the
request for release of grant.
8. However, the Director, Education
Department has rejected the request merely
mentioning the provisions of Section 57 (A)(6).
The letter does not mention any reasons for not
releasing the grant. In the circumstances, the
Director, Education Department was called by the
Court to be personally present in the Court to
explain. Whereafter, she is present in the Court
and states that since there are two different kinds
of grants being released by the State Government,
the provisions of Section 57(A)(6) would apply
only to the affiliated colleges which are receiving
grant for performance and not for those which are
receiving grant in deficit. It is further stated that
the work of regularizing/confirming the services
of the teachers is that of the University and not of
the State Government and no approval is required
from the State Government for the said purpose.
9. Having heard the Director, this Court
finds that the University in its letter dated 25th
March 2019 does not request the Director to
approve the appointments of the concerned
teachers but on the other hand, states that the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
University has finally approved their services in
terms of Section 57(A)(6) and requests the
Department to release their salary.
10. It appears that the State Government
and their officials have adopted a stubborn
approach and there is complete non application of
mind on her part. In spite of their being a
direction issued by this Court earlier. In C.W.J.C.
No. 444/2018 dated 11.05.2018 (supra), the salary
of the teachers who have worked for the
University for more than almost thirty years has
been withheld from 2011/2012. It is an admitted
position that all of them have been performing
their duties till their superannuation. Some of
them are still working. Article 23 of the
Constitution of India provides as under :-
"23. Prohibition of traffic in human
beings and forced labour.
(1) Traffic in human
beings and begar and other
similar forms of forced labour
are prohibited and any
contravention of this provision
shall be an offence punishable
in accordance with law.
(2) Nothing in this
article shall prevent the State
from imposing compulsory
service for public purpose, and
in imposing such service the
State shall not make any
discrimination on grounds only
of religion, race, caste or class
or any of them."
11. In fact no person shall be asked to
perform duties without being paid their due salary.
No plausible reasons are coming forward for not
taking appropriate action at that relevant time to
remove these teachers if they were not appointed
in accordance with the law. The State Government
has not passed any order directing the University
to take any steps for removing them and in an
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
arbitrary illegal manner contrary to the principles
and ethos of the Constitution, direction has been
issued to withhold the salary. Such action is an
anaethema to the ethos of the Constitution as laid
down under Article 21 of the Constitution of
India. The action is depricated. This Court has
reminded earlier in its order dated 11.05.2018 on
similar footings.
However, the State Government and its
officials have failed to perform their duties as
required and have passed orders without
contesting the writ order passed by this Court in
appeal. The action is contemptuous. However,
instead of proceedings to initiate any contempt
proceedings, this Court deems it appropriate to
pass specific directions in the present case
clarifying the entire position of law. Section 57(A)
(6) carved out an exception to Section 57(A). It is
to take care of the situation where the concerned
colleges had apin view of the statute for
regularization of services framed for purely
temporary lecturers appointed on or before 20 th
February 1982 and the Rule 1-b clearly shows that
the only requirement is second Class Master's
degree, which could be inferred from the statute
for regularization as approved by the Chancellor
vide letter no. BSU-25/85-283-GS(1) dated
29.01.1986. and therefore, the stand of the State is
totally misplaced and the case of the petitioner is
equally covered by the Judgment of Balram
Pandey (Supra).pointed through their governing
body teachers in a situation where the same were
not available by the Commission. Said
appointments were approved by the concerned
University and they continued to perform their
duties and were also being granted their due
salary under the U.G.C. pay scale. It appears that
in 2011, 2012, the State officials arose from a
slumber and objected to their appointment on the
ground that their appointments had not been
recommended by the concerned Commission. In
2000, the issue was taken up in Legislative
Assembly and an amendment act was brought into
force by issuing a notification on 27th August
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
2015 which provided for scrutiny of cases of
teachers of affiliated degree colleges appointed
prior to 19.04.2007. The distinction on the basis
of different grants was not mentioned in the
amendment. However, the State Authorities have
proceeded to carve out the distinction between the
two. Admittedly, the colleges where the
petitioners were performing their duties are
affiliated to the University. In view thereof, the
scrutiny of their cases was required to be done in
terms of the amendment made on 27 th August
2015. It appears that the University has conducted
that exercise and has made recommendations but
the State Authorities did not accept it on a ground
that the aid released is under the deficit grant and
not under the grant against performance.
Although, such a submission has been made
before this Court and in the counter-affidavit the
orders impugned do not reflect such a reason. Be
that as it may, this Court is satisfied that there is
no difference mentioned in the provision added to
Section 57(A) vide notification dated 27th August
2015 and no distinction can be drawn between the
teachers who are appointed without
recommendation of the Bihar College Service
Commission for the purpose of scrutinizing their
cases or for the purpose of releasing the grant.
Such an approach adopted by the State
Government has resulted in unnecessary litigation
before this Court. The action of the State is found
to be wanting and in view of above, the impugned
orders passed by the respondent dated 23.09.2018
as well as the orders passed subsequently dated
06.10.2022 by the Director are quashed and set
aside with further direction to release the grant to
the concerned University for further distribution
of salary and other allowances to the petitioners.
Those who have retired shall also be granted their
due pensionary benefits in terms of the U.G.C.
pay scales. The exercise shall be conducted
positively within a period of one month from
today."
59. On close scrutiny of the fact, it is quite clear that
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
no person can be asked to perform duties without being paid
their due salary and even no plausible reasons have been put
forth for not taking appropriate action at the relevant time to
remove these teachers, if they were not found to have been
appointed in accordance with law and the State Government did
not pass any order directing the University to take any steps for
removing them. Instead, in an arbitrary and illegal manner,
contrary to the principles of law, directions were issued to
withhold the salary in respect of all these petitioners, which is
definitely in defiance of the rights under Article 21 of the
Constitution of India and, as such, the actions of respondents are
highly deprecated and not acceptable in law in view of the
dictum of Hon'ble Apex Court in the case of Man Singh. v. The
State of Uttar Pradesh & Ors as reported in (2022) SCC
OnLine SC 726 wherein it is held that even if the appointment
is found to be irregular, still the payment of salary is to be paid
for the duties discharged.
60. It is admitted on facts that the statute which was
amended subsequently in the year 2015 by carving out the
exception to Section 57(A), by introducing Section 57(A)(6) of
the Act, 1976 requiring the University to make scrutiny of the
cases of the teachers of affiliated degree colleges, appointed
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
prior to 19.04.2007, which exercises having already been
completed by adopting necessary procedures as directed under
the amended provision, the recommendations so sent, having
not been accepted drawing distinctions by the State authorities,
resulting in unnecessary litigation, on the ground that the aid
released was under the deficit grant and not under the grant
against performance, which have already been found to be
wholly misplaced and fit to be interfered with in similar terms,
as has been adjudicated by a Co-ordinate Bench of this Court in
the case of Balram Pandey (supra).
61. From the above, it is quite clear that the impugned
order passed by the Respondents vide Memo No. 1726 dated
23.09.2018 as well as consequential orders dated 06.10.2022 passed
by the Director, Education Department, Govt. of Bihar in the case of
Balram Pandey (supra) have been quashed with a further direction
to release grant to the concerned Universities for further distribution
of salary and other benefits to the petitioner and with respect to those
who have retired shall also be granted their dues pensionary benefits
in terms of UGC pay-scale by conducting positive exercise within the
time frame so allowed.
62. The relief sought by the petitioners of CWJCs
No. 250 of 2019 (Balram Pandey) which was heard along with
the writ petition being CWJC No. 808 of 2019 and was allowed
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
and since the reliefs sought by these petitioners also being
similar to that of the petitioners of CWJCs No. 250 of 2019 and
its analogous case being CWJC No. 808 of 2019, this Court has
no hesitation to allow the present writ petitions in terms of the
judgment rendered by the Co-ordinate Bench in the case of
CWJCs No. 250 of 2019 and its analogous case, which has
attained finality with the dismissal of LPA No. 683 of 2023 and
LPA No. 690 of 2023 preferred against the order passed by the
writ Court in CWJCs No. 250 of 2019 and its analogous and
further SLP(C) No. 023633 of 2025 (State of Bihar v.
Ghanshyam Jha & Ors) and SLP(C) No. 024179 of 2025 (State
of Bihar v. Balram Pandey & Ors) preferred against the order of
the Hon'ble Division Bench rendered in LPA No. 683 of 2023
and its analogous, which also having stood dismissed and as
such, the State Government is directed to conduct similar
exercise with respect to the petitioners of CWJC No. 3653 of
2019, CWJC No. 3825 of 2019, CWJC No.10787 of 2019,
CWJC No. 10239 of 2019 and CWJC No.10722 of 2019 and to
release fund for ensuring payment of salary as well as
pensionary benefits in terms of UGC pay-Scale positively
within a period of two months from today.
63. Accordingly, the writ petitions being CWJC No.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
3653 of 2019, CWJC No. 3825 of 2019, CWJC No.10787 of
2019, CWJC No. 10239 of 2019 and CWJC No.10722 of 2019
stand allowed.
CONSTITUENT COLLEGES
64. Since, the batch of cases, which were heard
together, have been classified in two groups, being Affiliated
and Constituent colleges and the matters related to the
"affiliated colleges" have already been adjudicated hereinabove,
therefore, this Court is now taking up the matters relating to the
teachers of constituent colleges, whose writ petitions being,
CWJC No. 23716 of 2018, CWJC No. 11469 of 2019 and
CWJC No.14595 of 2019 are being considered together for its
adjudication in the following manner.
Writ petition being CWJC No. 23716 of 2018
65. This writ petition has been preferred for the
following relief(s):-
(i) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent
authorities under the Education Department
of the State Government and Kameshwar
Singh Darbhanga since that the University,
Darbhanga (hereinafter referred to as "the
University") to take steps towards making
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
payment of current salary alongwith arrears
of salary in favour of the petitioner that has
not been paid to him since October, 2017
without there being any just and valid reason
in support thereof;
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent
authorities under the Education Department
of the State Government as well as the
University to make payment of penal interest
over and above the amount found admissible
to be paid in favour of the petitioner as
arrears of salary that has not been paid in
favour of the petitioner since October, 2017
in the most illegal and arbitrary manner;
(iii) Any other relief/reliefs that the
petitioner/petitioners may be found to be
entitled to in the facts and circumstances of
the present case.
66. Further, through Interlocutory Application No. 01
of 2019 additional relief(s) were incorporated in the main relief
which are also being incorporated in the main relief of the writ
petition.
"(i) Issuance of a direction, order
or writ, including writ in the nature of
certiorari quashing the letter dated
19/08/2019 issued by the Registrar of the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
University, by which the Principal/Secretary
of the College has been directed to not take
any work from such teachers working at the
College in relation to whom necessary
grants are not made available by the State
Government for making payment of salary to
them;
(ii) Issuance of a direction, order
or writ, including writ in the nature of
certiorari quashing of the letter dated
28/08/2019 issued by the Principal of the
College, by which the petitioner has been
discharged from duties of the College w.e.f.
27/08/2019 in furtherance of the directions
contained under the letter dated 19/08/2019
issued by the Registrar of the University;
(iii) Any other relief/reliefs that the
petitioner may be found to be entitled to.
Submissions of the petitioner
67. Learned Senior counsel for the petitioner submits
that the petitioner, Gangadhar Thakur, was initially appointed as
a Lecturer on 17/01/1982 in Sahitya at Akhil Bharatiya Sanskrit
Hindi Vidyapeeth, Khamhar, Begusarai, which is a constituent
unit of Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga (hereinafter, referred to as "the University"). It has
next been submitted that the initial appointment of the petitioner
was duly approved by the University vide letter dated
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
26/02/1982 (Annexure-1) for a period of six months,
specifically from 17/01/1982 to 17/07/1982. This approval was
subsequently extended vide letter dated 09/11/1982 (Annexure-
2) for the period between 18/07/1982 to 31/12/1982. The
College in question was officially taken over as a constituent
unit of the University on the basis of an agreement executed on
06/04/1982. The core submission of the learned Senior counsel
is that the services of the petitioner have been duly regularized
and confirmed by the competent authority of the University. It is
highlighted that the University vide Letter dated 04/05/1983
commenced payment of salary to the petitioner in the revised
U.G.C. pay scale. The University then issued an Office Order
dated 25/08/2010 (Annexure-8) based on the decision of the
Syndicate in its meeting held on 05/12/2009, confirming the
petitioner's service as Lecturer in Sahitya with effect from
01/04/1985. Furthermore, this confirmation date was corrected
and amended vide Letter dated 20/12/2012 (Annexure-12),
changing the effective date of confirmation to 17/01/1982 in
place of 01/04/1985.
68. Learned Senior counsel further submits that the
final and conclusive decision regarding the petitioner's service
status was taken by the Syndicate of the University during its
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
meeting held on 03/04/2017. Pursuant to this binding decision,
Office Order dated 21/04/2017 (Annexure-15) was issued,
which specifically regularised and confirmed the services of the
petitioner as a Lecturer in Sahitya with effect from his initial
date of appointment, i.e., 17/01/1982. The petitioner also
discharged duties as Principal In-charge vide notification dated
15/03/2000 (Annexure-6) and was later transferred vide office
order dated 21/09/2002.
69. It has next been submitted that despite the
services of the petitioner having been regularised and confirmed
with effect from 17/01/1982, and the petitioner continuously
discharging his duties, the payment of his salary has been
illegally and arbitrarily stopped since October, 2017 without any
communication or justification. The petitioner had submitted a
detailed representation dated 11/06/2018 (Annexure-16) to the
concerned authorities for the release of his salary. Learned
Senior counsel contends that the State Government's rejection, if
any, of the University's recommendation/proposal, specifically
that contained in Memo No. 1726 dated 23.09.2018 issued by
the Additional Secretary, Education Department, which rejected
the confirmation of 67 teachers, cannot apply to the petitioner of
this case. The petitioner's regularization and confirmation was
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
an antecedent and independent action of the University's
Syndicate, effective from 17/01/1982, long before the State's
rejection order, and is based on a separate line of Syndicate
decisions. The action of the University in withholding the salary
of a confirmed employee is utterly illegal, discriminatory,
arbitrary, and in violation of the principles enshrined under
Articles 14, 21, and 23 of the Constitution of India.
Submissions of the State
70. Learned Senior Counsel representing the State on
being confronted with the fact and law, submits that similar
issues have been adjudicated by the Co-ordinate Bench, where
the proposal of the University for payment of salary to 43
teachers had been rejected by State Government vide letter no.
2157 dated 19.09.2019 and similarly situated persons like the
present writ petitioner filed writ applications bearing CWJC No.
9974 of 2022 (Manidhar Mishra vs. The of Bihar & Ors.),
CWJC No. 8364 of 2023 (Namo Nath Thakur vs. The State of
Bihar & Ors.), CWJC No. 6854 of 2023 (Shiv Shankar Jha vs.
The State of Bihar & Ors.) and CWJC 283 of 2023 (Badri Nath
Jha vs. The State of Bihar & Ors) respectively and all the said
writ applications were allowed vide order dated 25.02.2025.
71. The learned counsel for the State enlightens the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Court by submitting that the State of Bihar has preferred LPA
No. 578 of 2025 (The State of Bihar vs. Manidhar Mishra &
ors.), LPA No. 589 of 2025 (The State of Bihar vs. Namo Nath
Thakur & ors.), LPA No. 581 of 2025 (The State of Bihar vs.
Shiv Shankar Jha & ors.) and LPA No. 1112 of 2025 (The State
of Bihar vs. Badri Nath Jha) which is pending and as such, the
present writ application may be adjourned till the disposal of
aforesaid LPA's.
Civil Writ Jurisdication Case No. 11469 of 2019
72. This writ petition has been filed for the following
relief(s):-
(i) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent
authorities under the Education Department
of the State Government and Kameshwar
Singh Sanskrit University, Darbhanga
(hereinafter referred to as "the University) to
take steps towards making payment of
current salary along with arrears of salary
which has not been paid to the petitioner
since October, 2017 without there being any
just and valid reason in support thereof;
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned authorities
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
under the Education Department of the State
Government as well as University to make
payment with penal interest over and above
the amount of salary that the petitioner may
be found to be entitled to and that had been
denied to him in the most illegal and
arbitrary manner;
(iii) Issuance of a declaration holding that
the petitioner is entitled for payment of
salary on month to month basis as per his
entitlement in accordance with law while
continuing in the capacity of Assistant
Professor of Sahitya Department at Nandan
Sanskrit Mahavidyalaya, Ishopur, Deep,
Madhubani (hereinafter referred to as "the
Mahavidyalaya")
(iv) Any other relief/reliefs that the petitioner
may be found to be entitled to in the facts
and circumstances of the present case.
73. Further, by way of filing Interlocutory
Application No. 01 of 2025 additional relief(s) were
incorporated in the main relief which are also being
incorporated in the main relief of the writ petition:-
"i) For direction to the respondent
authorities under the Kameshwar Singh
Darbhanga University to take steps towards
including the name of the petitioner in the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
budget of the University for the year 2022-
23, 2023-24 and 2024-25 for the purpose of
making payment of salary in his favour.
(ii) For direction to the concerned
respondent authorities to resume payment of
arrears of current salary along with arrears
of salary in favour of the petitioner that has
been stopped since September 2021.
Submissions of the petitioner
74. Learned Senior counsel for the petitioner submits
that on 29.01.1979, the Principal of Nandan Sanskrit
Mahavidyalaya, Ishopur, Deep, Madhubani informed the
petitioner that he had been selected for temporary appointment
as Lecturer of Sahitya (Hindi) with effect from 01.02.1979
(Annexure 1 to the petition). The petitioner joined on
01.02.1979 and began discharging duties as Lecturer. In
February 1980, the Mahavidyalaya issued an advertisement
dated 09.02.1980 inviting applications for sanctioned posts of
Lecturer in Sanskrit, Sahitya, Jyotish and Sahitya (Hindi), to
which the petitioner applied. It is further submitted that by letter
dated 02.10.1980 (Annexure 3), the Registrar of Kameshwar
Singh Darbhanga Sanskrit University conveyed the Vice‐
Chancellor's provisional approval of the petitioner's temporary
appointment (and others), with effect from 01.02.1979. A
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
follow-up letter dated 03.10.1980 (Annexure-4) issued from the
Registrar addressed to the Director, Higher Education submitted
before the State Government to ratify the appointment.
Subsequently, vide letter dated 24.02.1982, the Government of
Bihar issued a notification (Annexure-5) taking over 38 Sanskrit
colleges (including the petitioner's college) as constituent units
of the University w.e.f. 01.04.1980. Upon this takeover, the
petitioner became a teacher in University service and continued
to discharge his duties. During the 1980s and 1990s his salary
was regularly paid (initially on an ad hoc basis).
75. It has next been submitted that till the year 2001, the
petitioner was still serving as a Lecturer, and on 23.08.2001, the
University Syndicate resolved to absorb him and one other
staffer as permanent Lecturers of the Mahavidyalaya, with effect
from 23.08.2001 (official minutes, Annexure-12). This decision
was implemented by Office Order dated 16.06.2008 (Memo
No.3624), which fixed the petitioner's pay at Lecturer scale
(Rs.8,000-13,500) with effect from March 2008 and declared his
service "absorbed" from 23.08.2001 (as per Syndicate
resolution). Pursuant to this order, the petitioner was relieved on
20.06.2008 and joined his substantive post as Lecturer of
Sahitya on 21.06.2008.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
76. It is next submitted that notwithstanding the above, at
one point the petitioner's pay was abruptly stopped. On
21.12.2010, the University issued an order withholding the
salary of the petitioner and similarly situated teachers, a
criminal case was reportedly lodged against the petitioner
(details in Annexure-6). However, the University later rescinded
this stoppage. On 15.10.2012, the University issued letter
directing the petitioner to appear before the Selection
Committee so constituted. On 16.12.2012, it passed an office
order placing the order dated 21.12.2010 order in abeyance and
directed that the petitioner's salary be resumed from December
2010 (date of stoppage) onwards. Thereafter the petitioner's pay
was disbursed from December 2010 up to 2017.
77. It is further submitted that in early 2015, the State
Education Department raised objections to these payments. A
letter dated 11.02.2015 from the State (Annexure-9) questioned
payment of salary to the petitioner and others, citing non-
compliance of statutory procedure. In response, on 01.03.2015
the University asked the petitioner (and others) to explain their
eligibility in light of the State's letter. The petitioner submitted a
detailed representation on 01.10.2015, explaining his
entitlement and citing similarly situated colleagues who had
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
been paid. Meanwhile, on 19.02.2016 the Governor's Secretariat
(via Education Department) directed the Vice-Chancellor to file
a para-wise reply to the State's appeal (under Section 9(4) of the
BSU Act) against the resumed payments. Thus, the State had
formally challenged payment of the petitioner's salary by
appealing to the Chancellor.
78. Learned counsel further submits that around the same
time, the petitioner's pay entitlement was confirmed by an
independent verification. The Pay Verification Cell of the
Education Department examined his service record and found
him to be entitled to the Assistant Professor pay scale in State
universities. This official endorsement (Annexure-12)
established that the petitioner's pay had been fixed correctly and
that he qualified as an Assistant Professor.
79. It is next submitted that despite the above, the
petitioner's salary was again stopped. In September/October
2017, the University abruptly withheld payment of his monthly
salary without any notice or explanation. All other similarly
placed teachers continued to be paid. The petitioner's salary thus
remained unpaid from October 2017 onwards. The petitioner
and his Principal repeatedly requested payment. On 29.05.2018
the petitioner filed a representation to the Vice-Chancellor
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
seeking immediate release of his current salary and arrears. A
copy of this representation is annexed to the petition as
Annexure-13.
80. Learned counsel for the petitioner submits that the
stoppage of his salary since October 2017 is without any valid
reason or notice, and has caused him grave hardship. He notes
that (a) the University had itself approved his continuous service
(via) University letters of 1980, the takeover letter of 1982, the
Syndicate resolution of 2001 and the 2008 absorption order, and
the 2013 regularization order), and (b) the State's own Pay
Verification Cell confirmed his entitlement to Assistant
Professor pay. Yet the respondents arbitrarily refused to pay him
from October 2017 onwards, allegedly violating Articles 14 and
21 of the Constitution and accordingly, prays for directing the
respondents to pay his current salary and arrears (including
penal interest).
81. It is further submitted that while the writ petition was
pending, the petitioner filed Interlocutory Application
No.1/2025 seeking to amend the prayer. He sought directions to
include his name in the University's budget for 2022-23, 2023-
24 and 2024-25 for payment of his salary, and for payment of
salary arrears withheld since September 2021.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
82. Lastly, it has been submitted on behalf of the
petitioner that the petitioner has entitlement to the salary. He
points out that the University itself approved and confirmed the
petitioner's service (recently vide office order dated 07.03.2013
regularizing his service w.e.f. 23.08.2001). On this basis the
petitioner came to hold a substantive post of Lecturer (later
Assistant Professor) and was paid as such until 2017. Counsel
argues that the stoppage of salary in 2017-2018 was fully
unjustified and arbitrary, especially since no notice or grounds
were communicated. The petitioner relied on the principle that
once service is regularized, fundamental fairness and Articles 14
and 21 protect the continuance of salary. It is pleaded that the
refusal to pay violates the petitioner's rights of equality and
livelihood, and even Article 23 (prohibition of forced
labour/bondage) is attracted since it compels him to live without
basic sustenance. Counsel contends that no equally efficacious
alternative remedy is available; the petitioner had approached
the University and Education authorities without success,
leaving the writ petition as his only recourse. In short, the
petitioner submits that in all fairness he is entitled to receive the
salary that was due to him, and that the respondents' action in
withholding it, is arbitrary and illegal.
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
83. Learned Senior counsel representing the petitioners
have submitted that the issues at hand in relation to the teachers
of Constituent Colleges has already been adjudicated by the Co-
ordinate Bench of this Court rendered in CWJC No. 283 of
2023 (Badri Nath Jha vs. The State of Bihar & Ors) which
pertains to release of grant, which is said to have been denied by
the State and pursuant to such denial the University is not in a
position to pay the salary to the petitioner.
Civil Writ Jurisdiction Case No. 14595 of 2019
84. The present petition has been filed for the following
reliefs:-
"(i) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent authorities
under the Education Department of the State
Government and Kameshwar Singh Darbhanga
Sanskrit University, Darbhanga (hereinafter
referred to as "the University") to take steps
towards making payment of current salary in
favour of the petitioner that has been withheld in
the most illegal and arbitrary manner without
assigning any reason in respect thereof along with
arrears of salary which has not been paid to the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
petitioner since October, 2017 without there being
any just and valid reason in support thereof;
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned authorities under the
Education Department of the State Government as
well as the University to make payment with penal
interest over and above the amount of salary that
the petitioner may be found entitled to in lieu of the
arrears of salary that has been not paid to him
illegally for a period of almost over one year now;
(iii) Any other relief/reliefs that the petitioner
may be found to be entitled to in the facts and
circumstances of the present case.
Submissions of the petitioner
85. Learned Senior counsel for the petitioner submits
that the petitioner, Dwarika Nath Jha, was initially appointed on
a temporary basis as a Lecturer in Sahitya at Kalyani Sanskrit
Mahavidyalaya, Ishopur, Deep, Madhubani, which was an
Affiliated College under the Kameshwar Singh Darbhanga
Sanskrit University (hereinafter referred to as "the University").
This initial appointment was made pursuant to a Notice dated
01/01/1979 (Annexure-1), and the petitioner submitted his
joining on 01/02/1979 (Annexure-2).
86. It is submitted that thereafter, the College published
an advertisement in the Hindi Daily Aryawart on 09/02/1980
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
(Annexure-3), against which the petitioner duly applied and was
selected by a Selection Committee duly constituted by the
College. The University, recognizing this, accorded its approval
to the petitioner's appointment as Lecturer in Sahitya with effect
from his initial joining date, i.e., 01/02/1979, vide Letter dated
03/10/1980 (Annexure-4). The core submission of the learned
Senior counsel is that the services of the petitioner stood duly
taken over, absorbed, and subsequently confirmed by the
competent authorities of the University. The College where the
petitioner was working was taken over as a constituent unit of
the University by the State Government with effect from
01/04/1980, which was communicated by the University vide
Letter dated 24/02/1982 (Annexure-6). The State Government,
vide Letter dated 28/03/1987 (Annexure-8), directed the
University that persons working on adhoc basis were to be
absorbed against sanctioned and vacant posts. The University's
Syndicate, in its meeting held on 23/08/2001 vide (Annexure-
12), resolved to absorb the petitioner's services against a
sanctioned and vacant post of Lecturer in Sahitya at Dharm
Samaj Sanskrit College, Muzaffarpur, with effect from
23/08/2001. This absorption was implemented vide Office Order
dated 16/06/2008 (Annexure-13).
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
87. Learned Senior counsel further submits that the
services were further regularized and confirmed on the basis of
subsequent Syndicate decisions, thereby rendering his service
status beyond challenge: The Syndicate, in its meeting held on
15/12/2012 (Annexure-18), approved the recommendation of
the University Selection Committee for the
selection/regularization of the petitioner. Consequently, the
University issued Office Order dated 07/03/2013 (Annexure-
19), regularizing and confirming the petitioner's services as
Lecturer in Sahitya at Dharm Samaj Sanskrit College,
Muzaffarpur, with effect from 23/08/2001. It is further
submitted that the Education Department, Government of Bihar,
vide Letter dated 03/05/2013 (Annexure-20), directed the
University to take action for the confirmation/regularization of
the services of teachers, who were not absorbed on
Commission's recommendations, and the University's action in
the petitioner's case is in consonance with this directive.
88. It is next submitted that despite the services of the
petitioner having been legally absorbed, regularized, and
confirmed, and the petitioner having continuously discharged
his duty in the capacity of Assistant Professor (formerly known
as Lecturer), the payment of his salary has been illegally and
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
arbitrarily stopped since October, 2017 without any
communication or justification in this regard, subjecting the
petitioner to extreme financial hardship and penury. Learned
Senior counsel contends that the action of the University in
withholding the salary of a duly confirmed employee is utterly
illegal, discriminatory, arbitrary, and a blatant disregard and
violation of Articles 14 and 21 of the Constitution of India.
Consolidated stand/submissions of the State in all
the writ petitions related to constituent Colleges.
89. On the other hand, learned counsel for the State has
submitted that the matter related to 43 teachers of constituent
colleges who were appointed on temporary basis, their services
in terms of the statute could not be regularized as all the three
statutes for regularization of the teachers have been declared
ultra vires vide judgment reported in 2001(2) PLJR 817 (Shiv
Narain Yadav v. State of Bihar & Ors) and proposal of the
University for making payment of salary to 43 teachers has been
rejected by the State Government vide letter no. 2157 dated
19.09.2019 and finally submits that persons like the present writ
petitioner filed writ applications bearing CWJC No. 9974 of
2022 (Manidhar Mishra vs. The of Bihar & Ors.), CWJC No.
8364 of 2023 (Namo Nath Thakur vs. The State of Bihar &
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Ors.), CWJC No. 6854 of 2023 (Shiv Shankar Jha vs. The State
of Bihar & Ors.) and CWJC 283 of 2023 (Badri Nath Jha vs.
The State of Bihar & Ors) respectively, all the said writ
applications were allowed vide order dated 25.02.2025.
90. It has further been submitted that the State of Bihar
has preferred LPA No. 578 of 2025 (The State of Bihar vs.
Manidhar Mishra & ors.), LPA No. 589 of 2025 (The State of
Bihar vs. Namo Nath Thakur & ors.), LPA No. 581 of 2025 (The
State of Bihar vs. Shiv Shankar Jha & ors.) and LPA No. 1112 of
2025 (The State of Bihar vs. Badri Nath Jha) against the orders
passed in the aforesaid writ petitions vide order dated
25.02.2025, which is under process and has sought adjourment
till disposal of aforesaid LPA's.
Consolidated stand/submissions of the University
in all the writ petitions.
91. On the other hand, learned counsel representing
University submits that the appointment of the petitioners was
regularised by convening the meetings of the Selection
Committee and further getting it approved by the Syndicate and
as also by Selection Committee, which was further constituted
by the University, which recommended their confirmation and
the Syndicate approved it and the University subsequently
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
forwarded the proposal for salary of these petitioners to the
State.
92. It is the case of the University that the payment of
salary depends on the receipt of funds from the State and they
undertake that once the requisite funds with necessary budgetary
allocation from the State Government is received, then the same
shall be released in their favour.
93. Grounds of rejection in respect of Constituent
Colleges
(i) Petitioners were appointed as temporary Lecturer in the
respective subject without recommendation of the Bihar College
Service Commission against the unsanctioned post.
(ii) Regularisation of service of the petitioners not done
under the Statues of regularization/absorption for temporary
teachers prior to judgment passed in Dr. Shiv Narain Yadav &
others v. State of Bihar & ors and as per the judgment of Dr.
Shiv Narain Yadav vs State of Bihar, the services of no
temporary teacher including the petitioner can be regularised.
(iii) Order dated 01.02.2023 passed in CWJC No. 250 of
2019 (Balram Pandey vs. The State of Bihar) and CWJC No.
808 of 2019 (Ghanshyam Jha & ors vs. The State of Bihar &
ors.) is not applicable in the present cases as the order passed
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
therein is related with regard to affiliated colleges.
(iv) Proposal of the University for payment of salary to 43
teachers has been rejected by State Government vide letter no.
2157 dated 19.09.2019.
Consideration
94. Having considered the submissions of the rival
parties, this Court is of the view that the judgment of Hon'ble
Division Bench rendered in the case of Braj Kishore Singh &
Ors. Vs. State of Bihar & ors (1997)1 BLJR 625 wherein it has
been specifically stated that there is no requirement to take prior
approval of the State Government, when the post is already
sanctioned and the petitioner can be said to be duly appointed as
the post was advertised and the petitioner was appointed after
facing the interview only.
95. In the case of Braj Kishore Singh & Ors. Vs. State of
Bihar & ors (1997)1 BLJR 625, it has been held as follows:-
"30. In view of my interpretation of
Section 35 of the Act and conclusion that the
staffing pattern has already been laid down
which amounts to creation of posts, the
abovesaid decisions cannot be said to be
correct in law. The Supreme Court rejected
the S.L.Ps. summarily and those orders
cannot be understood as upholding the
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
judgments/orders on merit. If the
appointments are made against posts as per
the staffing pattern, i.e. within the
sanctioned strength, they cannot said to be
violative of Section 35 of the Act and illegal
on the ground that the posts have not been
sanctioned by the State Government
provided, for course, the candidates possess
the eligibility and suitability and the
selection/appointment process was in
conformity with Articles 14 and 16 of the
Constitution.
31. Learned Single Judge was referred
to Section 10(6) of the Universities Act. That
section empowers the vice-Chancellor to
make appointment of ministerial staff and
other servants of the University. Learned
Judge was held that after the College
became constituent in 1979, the impugned
appointment could not have been made by
the College authorities. However, as stated
above, while narrating the foundational
facts, the University had already approved
those appointments on 2nd March, 1981 and
forwarded the same to the Department for
approval of the State Government.
32. In the above premises, the
judgment of the Learned Single Judge
rejecting the claim of the appellants on the
ground that they were appointed without
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
prior approval of the Act cannot be
sustained. In the ordinary course, in view of
my conclusion that it is open to the State
Government to consider the validity of
appointments already made for the purpose
of granting or refusing past facto approval, I
would have considered asking the State
Government to look into the claim of the
appellants afresh. However, having regard to
the fact that the appellants have continued in
service for more than 17 years, I do not think
it would be appropriate exercise of
discretion to reopen the matter after such a
long lapse of time. In Direct Recruit Class-
11 Engineering Officers, Association v. The
State of Maharashtra a Constitution Bench
of the Apex Court held that where initial
appointment is not made according to the.
rules but the appointee continues in service
uninterruptedly for long period till
regularisation of his service, the entire
period as the period spent in service for the
purpose of consequential benefits will be
counted. The appellants are accordingly
entitled to have their services regularised
against the posts within the staffing pattern
as applicable to the college.
33. In the result, this appeal is allowed.
The judgment of the Learned Single Judge
under appeal is set aside. The impugned
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
order of the State Government dated June 8,
1983, Annexure-7 to the writ petition, is also
set aside. The writ petition stands allowed
accordingly. In the circumstances of the case
there will be no order as to costs"
96. In view of the judgment rendered in Braj Kishore
Singh (supra) post facto approval of the State Government is
not required and accordingly, the Co-ordinate Bench of this
Court in the case of CWJC No. 9974 of 2022 (Manidhar
Mishra vs. The of Bihar & Ors.), CWJC No. 8364 of 2023
(Namo Nath Thakur vs. The State of Bihar & Ors.), CWJC
No. 6854 of 2023 (Shiv Shankar Jha vs. The State of Bihar &
Ors.) and CWJC 283 of 2023 (Badri Nath Jha vs. The State of
Bihar & Ors) quashed the impugned orders by directing the
authorities to ensure the payment of pension on monthly basis
and also pay the arrears of pension within a period of two
months from the date of production/receipt of a copy of this
order. The reason employed by the respondents to reject the
claims as indicated aforesaid, became meaningless as the issues
have been put at rest in the aforementioned cases.
97. Since the orders passed by the Co-ordinate Bench in
the aforesaid case have not been tinkered by the Higher Court
and the same stands as it is, therefore, this Court has no
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
occasion to take a divergent view but to go with the views taken
by the Co-ordinate Bench in the aforesaid cases, where the
issues being similar in nature and the Co-ordinate Bench having
relied upon the judgment passed by the Hon'ble Division Bench
in the case of Braj Kishore Singh (supra), have quashed the
impugned rejection orders and accordingly, this Court also
directs the authorities to extend similar reliefs to the petitioners
of these cases being CWJC No. 23716 of 2018, CWJC No.
11469 of 2019 and CWJC No.14595 of 2019 by paying their
monthly pension and as also the arrears of pension in similar
terms as that of the petitioners of CWJC No. 9974 of 2022
(Manidhar Mishra vs. The of Bihar & Ors.), CWJC No. 8364 of
2023 (Namo Nath Thakur vs. The State of Bihar & Ors.), CWJC
No. 6854 of 2023 (Shiv Shankar Jha vs. The State of Bihar &
Ors.) and CWJC 283 of 2023 (Badri Nath Jha vs. The State of
Bihar & Ors) respectively, within a period of two months from
the date of production/receipt of a copy of this order.
98. Accordingly, all the writ petitions stand allowed.
99. There shall be no order as to costs.
(Ajit Kumar, J)
perwez
AFR/NAFR AFR
CAV DATE 24.11.2025
Patna High Court CWJC No.3653 of 2019 dt.19-12-2025
Uploading Date 23.12.2025
Transmission Date N/A
