- (1.) Heard the learned counsel for petitioners and learned counsel for State as also learned counsel for Ranchi University.
(2.) By the instant writ application, petitioners have prayed for re designating them as demonstrator and give them all consequential monitory benefits with due promotional avenues as has been done to the similarly situated employees of Ranchi University by the Hon'ble Supreme Court and High Court.
(3.) It is submitted by learned counsel for petitioners that subsequently, Respondent No.1- State of Jharkhand by its notification no. 5/Mu1-16/2002/ Ma968 dated 28.9.2007 has already designated petitioners as demonstrator and their names appears in serial no. 4,5,and 6. However, in the said notification dated 28.9.2007 condition has been laid down in para 4 that the demonstrator, shown re designated will not be included in the teaching cadre nor they will get teaching post. It is further submitted that the said clause-4 of the same notification dated 28.9.2007 was challenged in W.P.(S) No. 4752 of 2008 in the case of S.P.Singh & others V/s. State of Jharkhand, 2010 2 JCR 266, Jharkhand" and this Hon'ble Court in para 11 by a detailed discussed order quashed the same. The same is quoted below:- "Thus, there is a gross violation of the right of equality, vested in the petitioners under Article 14 of the Constitution of India as well as the right, vested in the petitioners under Article 16 of the Constitution of India and , therefore, I hereby quash and set aside Clause 4 of the notification, issued by the respondents dated 28th September, 2007 at Annexure 5 to the memo of petition and I hereby direct that the re designated Demonstrators, who are having requisite qualifications or those, who are possessing statutory qualification and eligibility for the teaching posts, which is known as Lecturer, as per Jharkhand State Universities Act, 2000, shall be considered for the posts of Lecturers.";