- (1.) Heard learned counsel for the parties. Initially dispute arose involving absorption of about 4000 employees working on teaching and non-teaching posts in 40 colleges affiliated to various universities which were taken over as constituent colleges in accordance with the provisions of the Bihar State Universities Act, 1976. The present petitioners-respondents are also employees of one of the constituent colleges i.e., Baijnath Jalan College (in short B.N.J. College). Initially this matter came up before the High Court of Patna when Bihar was unified and a Division Bench of the Patna High court while deciding the question of absorption of 4000 such employees directed the universities concerned to take steps under Section 4(1)(14) of the Bihar State Universities Act, 1976 in respect of regularization of service of the teachers of the colleges which have become constituent colleges of different universities in the 4th phase. Further direction was issued by the Division Benbh that steps be taken in accordance with the communication with the State Government which was Annexure-5 in the said writ petition and it was further directed that steps be taken in the light of the observation made in the judgement as well as in accordance with the provisions of Section 4(1)(14) of the Act of 1976, however, within a period of four months. The universities were directed to maintain status quo till the completion of the steps.
(2.) Being aggrieved against the judgement of the Division Bench of Patna High Court dated 31.01.1997, several civil appeals were preferred which were decided by the Hon'ble Supreme Court vide judgement delivered in the case of State of Bihar & Others Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh, 2005 9 SCC 129. While considering the issue and finding the Complexity in the subject of absorption of large number of employees of various universities running in the State of Bihar, Hon'ble Supreme Court, vide order dated 12.10.2001, constituted one man Commission of Hon'ble Mr. Justice S.C. Agrawal, retired Judge of the Supreme Court, to go into the various controversies and disputes with regard to the absorption of employees of the erstwhile affiliated colleges in the services of the converted constituent colleges. The terms of reference to be answered, after enquiry by the one member Commission of Hon'ble S.C. Agrawal, were as under :- 1. How many sanctioned posts of teachers and non-teaching employees were there in the 40 colleges which were converted into constituent pursuant to the sanction letter dated 19.08.1986 of the State of Bihar? 2. How many proposals with regard to creation of posts for teachers and non-teaching employees had been submitted to the Education Department of the State of Bihar or universities before 30-04-1986, the cut-off date mentioned in Appendix 'Kha' (p. 208 of SLP) with respect to 36 colleges converted into constituent colleges as per government letter dated 19-08-1986? (List of colleges is at pp. 206-07 of SLP and other dates mentioned in government communications in respect of four other colleges.) 3. How many teachers and non-teaching employees seeking absorption in the constituent colleges were not appointed through selections made by the College Service Commission/University Service Commission and whether they posses the basic qualifications prescribed by the Act and statutes? This exercise will be without prejudice to the contention of the respondents that Section 57-A is not applicable to such selection, as has been held by the High Court in the judgment. 4. How many teachers and non-teaching employees would be entitled to absorption on the basis of the government letter dated 19-08-1986 and Appendix 'Kha' and the agreement entered into between the university concerned and the constituent college under Section 4(1)(14) of the Bihar State Universities Act, 1976 and other orders of the Government?"
(3.) Said S.C. Agrawal Enquiry Commission submitted its detailed report on 19.12.2003 before Hon'ble Supreme Court. The parties were granted time to submit their written objections and in view of the said permission, several objections were submitted before the Hon'ble Supreme Court against the Commission's report,;