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2006 DIGILAW 733 (PAT)

National Institution Of Technology Patna v. Ashok Singh

2006-08-21

J.N.BHATT, SHIVA KIRTI SINGH

body2006
Judgment 1. After having heard learned counsel appearing for the parties and considering the facts and circumstances, as well as, the grounds mentioned in the application for condonation of delay, we are satisfied that there was a sufficient cause for not filing the appeal within the period of limitation. Accordingly, the application for condonation of delay shall stand allowed and the delay of 49 days in filing this Letters Patent Appeal shall stand condoned. 2. Rule is made absolute. No costs. 3. By invocation of Clause 10 of the Letters Patent, the original respondents 4 and 5 have questioned the validity and legality of the impugned order of the learned Single Judge, recorded, on 9.1.2006, in C.W.J.C. No. 8087 of 2004, whereby, the claim advanced by the present respondents for absorption upon taking over the Centre of Bihar Engineering College by the Government of India through a notification, as well as, by constituting a registered Society under the Societies Registration Act, came to be accepted and it has been held in the impugned judgment that the erstwhile employees, the original petitioners of Centre For Water Resources Studies ("CWRS") of erstwhile Bihar College of Engineering are entitled to be absorbed mainly on the ground that they were appointed on sanctioned posts and the said erstwhile Centre "CWRS" continued to be administered and run on the terms and conditions of the taking over by the Government of India. 4. We have been addressed by learned counsel appearing for the parties at the admission stage. We have threadbare examined the submissions, as well as, the materials on record in the appeal, as well as, the original record of the writ petition. We have, carefully, considered the notification issued by the Ministry of Human Resources Development Department of Secondary and Higher Education, Government of India, through the Joint Secretary to the Government of India dated 28th January, 2004. We have, carefully, considered the notification issued by the Ministry of Human Resources Development Department of Secondary and Higher Education, Government of India, through the Joint Secretary to the Government of India dated 28th January, 2004. In order to appreciate the merits of the appeal, as well as, the challenge against it, let there be a reproduction of the notification which is the foundation of the entire controversy which runs as follows: "Consequent upon transfer of Bihar College of Engineering (BCE), Patna, Bihar from the jurisdiction of Patna University as contemplated by the Patna University Act, 1976 (Bihar Act 24 of 1976) with the consent of Patna University, Patna as well as the State Government of Bihar to the National Institute of Technology, Patna, Patna Society, a body registered under the Societies Registration Act (Act 21 of 1860) 1860, vide Registration No. 1284 dated 22.01.2004, the Government of India, after careful consideration, has decided to take over BCE, Patna as fully funded institute of the Central Government and rechristen it as National Institute of Technology, Patna with immediate effect. 5. The Institute would be integrated with other NITs for academic, administrative, management and financial purposes. The personnel and the assets-both moveable and immovable-of erst-while Bihar College of Engineering which was hitherto under the control of Government of Bihar on the date of such transfer shall be deemed to have been transferred to the National Institute of Technology, Patna, Bihar." 6. We have, also, taken into consideration the Memorandum of Association of National Institute of Technology of Patna Society which came to be constituted by a resolution recorded in a general body meeting of National Institution of Technology Patna Society on 16.1.2004. The general body meeting of the National Institute of Technology of Patna Society came to be convened under the Presidentship of Vijay Shankar Pandey, Joint Secretary (T), MHRD, Government of India on 16.1.2004 in his official chamber. 7. We have given our anxious thoughts to the memorandum of Association, as well as, the aforesaid notification issued by the Government of India for taking over the Bihar College of engineering with its allied centres and erstwhile "CWRS" in which the original writ petitioners were employed on regular basis coupled with the specific conditions mentioned in the notification that the Institute would be integrated with other NITs for academic, administrative, management and financial purposes. It could very well be seen from the aforesaid notification which we have reproduced that the personnel and assests-both moveable and immovable-of erstwhile Bihar College of Engineering on the date of such transfer shall be deemed to have been transferred to the National Institute of Technology. Patna. Bihar. 8. It is, therefore, evident and explicit that apart from the reasons assigned by the learned Single Judge in allowing the writ petition and accepting the claim of the original writ petitioners we have added the aforesaid grounds which, undisputedly, reinforce the ultimate view taken by the learned Single Judge as a result of which we have no hesitation in finding that the Letters Patent Appeal by invocation of Clause 10 of the Letters Patent is without any substance and deserves to be summarily dismissed after hearing both the sides, as well as, examining the entire record at the admission stage. 9. This Letters Patent Appeal shall, therefore, stand dismissed.