- (1.) The Court
(2.) THIS case basically relates to the interpretation and the applicability of the provisions of law contained in Section 70 of the Bihar Reorganisation Act. 2000. When we talk of Section 70, X Schedule of the Act gets directly linked with any such interpretation or application of Section 70 because it is the "institutions" mentioned in the X Schedule of the Act which form the subject matter of Section 70 of the Act. Actually in this case, we are concerned with Sub -section (1) of Section 70 and not Sub -section (2) thereof. We are not concerned with Sub -section (2) on two grounds; firstly, because there is no prayer of any one that there is any need or warrant for inclusion of any new institution in the X Schedule, and secondly, in any event, the time for any such inclusion of any new institution stood expired on 1st December, 2001. After 1st December. 2001. Sub -section (2) has actually become otiose. Section 70(1) of the Act talks of the continuance of the facilities (as heretobefore) to the people of the 'other states' with respect to the institutions mentioned in the Schedule. The continuance of such facilities has to be for such period and upon such terms and conditions as may be agreed upon between the States of Jharkhand and Bihar through an agreement which could be brought about before 1.12.2001. The Sub -section further provides that if no such agreement is reached between the two State Governments, the continuance of the facilities for such period and upon such terms and conditions would be as might be fixed by an order to be passed by the Central Government.
(3.) ON the issue of the agreement between the two Governments. Mr. M.M. Banerjee. Learned Advocate General drew our attention to the minutes of the meeting held on 19.12.2001 between Mr. J.N.R Sinha, Dr. Pradccp Kumar and Mr. Arvind Kuntar Chaudhuri (Copy enclosed at page 15 of the affidavit filed by the Secretary Science and Technology, Jharkhand on 19.3.2002). We have no hesitation whatsoever in holding that these minutes did not or do not at all constitute any agreement between the Governments of Jharkhand and Bihar as is contemplated in terms of Section 70(1) of the Act.;