Pramath Patnaik, J. - (1.) Since in the aforementioned writ applications the reliefs sought for are similar, with the consent of the respective counsels therefore, the matters have been heard analogously and are being disposed of by this common order.
(2.) In the accompanied writ applications, the petitioners apart from challenging the conditions pertaining to direction to the petitioners to obtain the requisite qualification within a period of four years from the date of absorption, have prayed for a direction commanding upon the respondents for absorption in services without any conditions at par with similarly situated persons.
(3.) The brief facts leading to filing of the writ petition in W.P. (S) No.5795 of 2007 are that the petitioner was appointed in pursuance to the Advertisement published in the daily newspaper "The Indian Nation", against the duly sanctioned post of lecturer of English at B.S.K. College, Bindudham, Sidhu Kanhu College, Barharwa under the erstwhile Bhagalpur university and after bifurcation of the State of Bihar, the said College falls under the jurisdiction of S.K.M. University, Dumka. It has been averred that the Bihar College Service Commission relaxed the requisite qualification as Second class master degree at least with 45 per cent in the relevant subject and accordingly, temporary and permanent concurrence was given through its letter dated 12.02.1984 and the letter dated 22.03.1986. In the light of the statute of 28.02.1982, the Commission accorded him permanent concurrence. In view of the decision of the erstwhile State of Bihar to make all affiliated College, as constituent college and decision was taken to look into the matter with respect to the illegal appointment and further for termination with effect from 30.04.1996. Against the order of termination, batch of writ petitions were filed before the Hon'ble Patna High Court and the aforesaid batch of writ petitions has been disposed of restraining the respondents from terminating the services of the lecturers and against the said decision, matter went up to the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997. In order to decide the issue, the Hon'ble Apex Court constituted One Man Committee, under the chairmanship of Hon'ble Mr. Justice S.C. Agarwal and Justice S.C. Agarwal Commission submitted a report, which has been accepted by the Hon'ble Apex Court in its entirety. The case of the petitioners has been discussed in the said report. Due to non-regularization of the services, the petitioner moved before this Court in C.W.J.C. No. 8013 of 2000, which was disposed of on 13.06.2003 in the light of the order passed in the case of Shiv Kumar Prasad v. State of Jharkhand reported in, 2003 2 JLJR 190 : (2004 AIR Jhar R 271) vide Annexure-8 to the writ application vide Notification No. 68 of 2005, dated 10.09.2005 (Annexure-6), the petitioner's services was absorbed conditionally and purely on temporary basis with a rider that if he fails to qualify within a period of four years from the date of absorption, he shall be terminated from the services of the University. Being aggrieved by the aforesaid order, the petitioner has approached this Court under Article 226 of the Constitution of India for redressal of his grievances.;