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2008 DIGILAW 1114 (PAT)

Sunny Prakash v. State of Bihar

2008-08-07

R.M.LODHA, RAVI RANJAN

body2008
ORDER : 1. This writ petition has been registered as a Public Interest Litigation on the basis of a letter sent by Sunny Prakash, a student of 1st year B.Sc. in Daroga Prasad Rai Degree College, Siwan. He has raised grievance with regard to ongoing indefinite strike by the non-teaching staff of various Universities. 2. An application (I.A. No. 4426 of 2008) has been made by the Bihar State University and College Employees Federation (for short, Federation) for intervention in the matter. In view of what has been stated in the application, we grant leave to the Federation to be impleaded as party respondent. The office shall make necessary correction in the cause title accordingly. 3. In its application, the Federation has stated that in the month of July, 2007, non-teaching employees of the Universities and Colleges of Bihar went on strike for implementation of their diverse demands. On 18.7.2007, an agreement was signed between the State Government and the Federation and the State Government agreed that its demands, details of which have been set out in the agreement, would be implemented within one and a half months. However, despite the said agreement, the State Government has yet not implemented the accepted demands. The Federation is said to have sent a communication on the 24.4.2008 to the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna for implementation of the agreement dated 18.7.2007. They also put the Government to notice that if the demands were not implemented, the Federation and its members would go on indefinite strike with effect from 1.7.2008. The Federation also seems to have written to the Minister, Human Resources Development Department, Government of Bihar, Patna for implementation of the agreement dated 18.7.2007 but when nothing was done, they went on strike with effect from 1.7.2008. 4. Whatever may be the reasons for the strike by the Federation and its members, the said action cannot be justified. Did the Federation even think that by their action, the academic session would get affected which may seriously jeopardise the future of the students. In a democratic set up, there are various ways of protest highlighting the grievances but the protest in the form of strike brings in more harm than solution. Ultimately, it is the public that suffers because of strikes. In a democratic set up, there are various ways of protest highlighting the grievances but the protest in the form of strike brings in more harm than solution. Ultimately, it is the public that suffers because of strikes. The case in hand relates to strike by the non-teaching employees in all the Universities and Colleges of the State, which if allowed to continue any longer, may ruin the future of large number of students. That has to be stopped without any delay lest it must cause irretrievable loss. 5. An affidavit filed by the Registrar of Jai Prakash University, Chapra makes a painful reading; it states that because of the strike by the Federation, they could not conduct B.Sc. Part-1 Examination, 2008. What a huge loss to the students? 6. Any agreement is founded on the trust that it would be carried out by the concerned parties. Where the State Government or its functionaries happen to be party to an agreement, it is not even conceivable that the agreement has been entered into to be followed in breach. Any commitment by the State Government has to be honoured and without any exception. However, the facts of the case would, prima facie, reveal that the State Government has taken the agreement dated 18.7.2007 lightly. It, perhaps, failed to appreciate the repercussions likely to follow by not honouring the commitment. The strike followed resulting into huge academic loss to the students. 7. We, accordingly, pass the following ORDER ::– (i) The Federation shall call-off the strike immediately and in no case later than 48 hours from today. (ii) On and from 11.8.2008, the academic session must re-start smoothly in all Colleges and Universities within the State of Bihar. (iii) The Chief Secretary, Government of Bihar, Patna shall ensure that the commitment given by the State Government to the Federation having been reduced in writing on 18.7.2007, is honoured by the State Government and it is implemented within one month from today. 8. Let the writ petition come up for further consideration on 8.9.2008.