1. Heard Ld. Counsel for the parties.

2. In the instant writ application, the petitioner seeks indulgence of this Court for issuance of an appropriate writ/writs, direction/directions or order/orders for the following reliefs:-

                  (i) For a direction upon the commanding respondents to take a decision in compliance of order dated 18.6.2012 passed by this Hon'ble Court in W.P.(S) No. 5945 of 2004.

                  (ii) For any other appropriate relief/reliefs to which the petitioner is found to be entitled in the facts and circumstances of this case as the also to do conscionable justice to petitioner.

                  (iii) For issuance of a writ of or in the nature of certiorari for quashing of decision of promotion committee dated 06.09.2021; whereby and whereunder claim of petitioner for his absorption on the post of Registrar-cum-Accountant, has been denied holding that it is beyond their competency to reinstate the petitioner on his original post of Registrar-cum- Accountant in the Taken over Private Magadh Engineering College, Gaya, Bihar w.e.f. 31.01.191 differing from its earlier decision dated 22.12.2008 by the Committee (Part of Annexure-11 Page 67-68 of writ petition) as the same is whole illegal, misleading and against the decision of this Hon'ble court passed in WPS No. 1143/2010 vide order dated 24.11.2017.

3. The brief facts of the case as per the pleadings are that the Petitioner was appointed to the post of Registrar in Magadh Engineering College, Gaya on 25.09.1986. Thereafter, the State Government promulgated, under Article 213 of the Constitution, under the name and designation as "Bihar Private Engineering College (Taking Over) Ordinance, 1986" and subsequently, Magadh Engineering College, Gaya was taken over by the State Government. Thereafter, the State Government issued Bihar Private Engineering Second College (Taking Over) Ordinance, 1990, for determination of continuous service of teachers and other categories of employees of private Engineering college. Thereafter, by a notification dated 31.01.1991, issued by Additional Secretary, Science and Technology Department, Govt. of Bihar, the service of petitioner was dispensed with along with several other persons.

4. Being aggrieved, the petitioner along with others preferred C.W.J.C. No. 1852/1991, which was allowed by the Patna High Court. Pursuant to the order passed by the Patna High Court, the services of terminated employees were reinstated vide order dated 19.07.1997 on adhoc basis in terms of Section 5(1) of Bihar Private Engineering Colleges (Taking Over) Act, 1991. Thereafter, upon hearing, a decision vide memo no. 795 dated 21.10.2000 was taken by the then Additional Secretary, department of Science & Technology, Govt. of Bihar, to confirm the services of the petitioner to the post of Clerk as per recommendation of the Screening Committee’s report dated 11.10.1988. In the meantime, vide departmental order dated 29.06.2000, the petitioner was transferred and posted as Clerk in Government Polytechnic, Adityapur. Pursuant to which the petitioner also submitted his joining.

5. Being aggrieved by the letter/decision dated 21.10.2000, the petitioner filed a writ petition before this Court, being W.P. (S) No. 5945 of 2004, which was subsequently withdrawn, with the liberty to move before the concerned Department for age relaxation.

6. During pendency of writ petition, decision was taken by promotion committee on 06.09.2021, whereby and whereunder claim of petitioner for his absorption to the post of Registrar-cum- Accountant, has been denied holding that it is beyond their competency to reinstate w.e.f. 31.01.1991. Hence, this writ application.

7. Learned counsel for the petitioner has submitted that the concerned respondents have passed an order dated 21.10.2000, by wrongly referring to the order dated 15.4.1999, passed by the Hon’ble Patna High Court. He has further submitted that in view of the earlier orders passed by the Hon’ble Patna High Court in CWJC No. 1316 of 1991 and analogous cases and the orders passed in the contempt applications (Annexure-5 and 6 to the writ petition), the petitioner stood regularised and reinstated to the post of Registrar and as such, the letter dated 21.10.2000 (Annexure-8) is completely illegal, without jurisdiction and non est in the eye of law and has been passed with mala fide and for ulterior consideration.

8. He had further submitted that the Committee took a decision dated 22.12.2008 to absorb the services of the petitioner as Registrar with effect from 31.1.1991 (notionally) and to grant monetary benefit with effect from the date of his joining and as such, impugned order is liable to be quashed.

9. Per contra, learned counsel for the Respondents has submitted that the alleged transfer was challenged by the petitioner before the Hon’ble Patna High Court. The matter of transfer of petitioner along with other was re-examined and consequently, affirmed by the Additional Secretary, Science and Technology, Government of Bihar vide letter no. 795 dated 21.10.2000. He had also submitted that in compliance of different orders and reports, the State of Jharkhand finally by its order contained in memo no. 206 dated 11.02.2008, absorbed the service of petitioner along with other similarly situated employees.

10. Learned counsel further submitted that the petitioner is getting all the benefits attached with the post of Clerk, and on distorted facts and imaginary/hypothetical ground, the petitioner has filed the instant writ application seeking absorption to the posts of Registrar even without possessing the minimum eligibility criteria; thus, the writ application filed by the petitioner has no merit and is liable to be dismissed in limine.

11. Having heard learned counsel for the parties and on perusal of the records, it transpires that by notification no. 321 dated 31.01.1991, issued by the Department of Science and Technology, State of Bihar, the services of the petitioner along with other similarly situated employees were terminated, as the appointment was not made on vacant legal sanctioned post/ against staffing pattern.

12. As per the order of the Patna High Court in C.W.J.C. No. 1852/1991, the services of petitioner with other similarly situated employees were absorbed, having regard to individual merit/availability of posts etc. In same manner, the petitioner was also absorbed to the post of Clerk as the Screening Committee opined that the mandatory requisite qualification for the post of Registrar was not possessed by the petitioner at the time of appointment; further, the petitioner joined to the post of Clerk and on the same service condition transferred by memo no. 1106 dated 29.06.2000 on the same status/post of clerk.

13. It is important to consider the fact that in a similar matter, the promotion committee had recommended the absorption to the post of Registrar, and therefore, the aforesaid issue was sent to the Finance Department, Government of Jharkhand for final decision. The Finance Department, Government of Jharkhand has declined stating, once the transfer was made to the post of Clerk maintaining all service condition by the erstwhile State of Bihar, now, by no means, the petitioner can be absorbed on any other post with effect from 31.01.1991.

14. Apart from that, in the present case, a letter has been issued by the Additional Secretary, Science and Technology, Government of Bihar, Patna bearing No. 1795 dated 21.10.2000 addressed to the petitioner whereby, by giving reference to an order dated 15.04.1999 passed by the Patna High Court, the petitioner was informed that it has been decided to absorb the petitioner as Clerk on the ground that on the date of his initial appointment, i.e., 27.11.1986, the petitioner had only three years and three months of experience, which was less than the requisite experience prescribed for the post of Registrar. Accordingly, confirming the earlier recommendation of the Screening Committee to absorb him to the post of Clerk, it was decided that the petitioner shall continue to the post of Clerk only.

15. Moreover, the petitioner in the instant Writ application has also not assailed the Letter No. 795 dated 21.10.2000, issued by the Additional Secretary, Department of Science and Technology, Government of Bihar, whereby the claim of petitioner to the post of Registrar has been rejected, even though it was earlier challenged in WP(S) No. 5945 of 2004 but subsequently withdrawn, with liberty to move the Department of Science and Technology, State of Jharkhand to grant relaxation in the matter of experience for the post of Registrar, if so required, in accordance with law. Thereafter, petitioner submitted a representation dated 20.03.2013 to the Additional Chief Secretary Science and Technology, State of Jharkhand to consider his case and thereafter the promotion committee vide letter dated 06.09.2021 found that the request of the petitioner for his absorption to the post of Registrar-cum-Accounts Officer, in Magadh Engineering College, Gaya, Bihar w.e.f. 31.01.1991, cannot be accepted in view of the fact that he did not have the requisite qualification for the post of Registrar at the time of initial appointment i.e. 27.11.1986.

16. Further, the post claimed by the petitioner is an administrative post under the Magadh Engineering College, Gaya, now situated in the State of Bihar and is not under the administrative control of the Department of Higher & Technical Education, Government of Jharkhand. Moreover, in this regard a decision has already been taken by the competent authority of the State of Bihar vide memo no. 795 dated 21.10.2000 which is still in force in lieu of dismissal of W.P.(S) No. 5945 of 2004 filed by the petitioner challenging the same.

17. For the aforesaid facts and reasons, this Court does not find any illegality in the impugned order; as such no relief can be granted to this petitioner and hence, the instant writ petition stands dismissed.

18. Pending IA(s), if any, is also closed.