- (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
(2.) Learned counsel appearing for the petitioner submits that initially the petitioner was appointed as Assistant Professor in Magadh Engineering College, Gaya, State of Bihar. Subsequently, that engineering college was taken over by the Government of Bihar by virtue of an Ordinance issued in the year 1986. Pursuant to the rule, as contained in the Bihar Private Engineering College (Taking Over) Rules, 1991, a Screening Committee was constituted and the names of the selected candidates were forwarded to the State Public Service Commission for concurrence. After obtaining concurrence, several teachers were absorbed but before taking over the Magadh Engineering College, Gaya by the State Government, services of the petitioner and other persons were transferred to the B.I.T, Sinderi, by virtue of notification issued in the month of October, 1994 and, therefore, the case of the petitioner for absorption could not be considered, though the case of similarly situated persons of the State of Bihar was considered and their services were absorbed after concurrence was given by the Public Service Commission.
(3.) Learned counsel further adds that Jharkhand Public Service Commission has already given concurrence so far these petitioners are concerned and only decision is to be taken by the StateGovernment but since decision is being not taken by the authority of the State Government, the petitioner has moved to this Court.;