PATNA, India, July 9 -- Patna High Court issued the following judgment on July 3:

Heard Mr. Manish Kumar No.2, learned counsel along with Mr. Ram Kumar, learned counsel appearing on behalf of the petitioners, Mr. Madhaw Prasad Yadaw, learned GP-23 for the State and Mr. Faiz Ahmad, learned counsel for the University.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter:

That the present writ application is being filed for setting aside the office order contained in Memo No. 42 GIB/12 dated 02.02.2012 issued by the Vice Chancellor, Magadh University at Bodh Gaya, whereby and whereunder a decision has been taken on 17.01.2012 in the meeting and declared the high school situated at campus of Magadh University and Shashi Niketan as self-financing institution and further to direct the respondent authorities to pay the arrears of salary as well as current salary to the petitioner which has been stopped after issuance of order dated 02.02.2012 till today and / or for any other relief or reliefs to which the petitioner may be found entitled to in course of hearing of this writ application."

3. Altogether four writ petitioners are aggrieved by non-payment of their requisite salary till date which was stopped after issuance of the order dated 02.02.2012 by the Registrar of the Magadh University. The petitioners have filed the present writ petition for payment of the current salary and arrears of salary from the date he was not paid after issuance of order dated 02.02.2012.

4. A counter affidavit has been filed on behalf of the University stating therein that the denial of the salary to the petitioners is on the same ground and the same is mentioned in Para-6 and 7 of the counter affidavit. It has been informed in Para-8 that the school was recognized by the State Government vide Notification dated 31.08.1984 without financial liability. It has again been reiterated in Para-9 of the counter affidavit that the University became unable in making payment of salary from the internal sources which has resulted into non-payment of salary to the petitioners.

5. Earlier this Court in C.W.J.C. No. 1948 of 2001 vide order dated 26.02.2001 had observed that the Management of the University and the Government may take effective measures so that the school can be taken over by the Government and this Court in the said writ petition had also directed the Vice Chancellor of the University to see necessary fund be made available for payment of the petitioners forthwith so that their salary can be paid.

6. The Respondent University admits that after the order dated 31.01.2017 passed in M.J.C. No. 3953 of 2012, the petitioners were paid salary for the period from March 2008 to January 2012 since the liability accrued up to the said period.

7. No doubt, the school is not a government school and it is run by a Management Committee. The University has shown inability to take up the affairs of the school in any manner and as such took decision that school can run by generating internal finances from any source.

8. A counter affidavit filed on behalf of the University don't give information, as to whether, who are the members of the Managing Committee and the resolution of the Syndicate which was held on 17.01.2012 has also not been brought on record by way of counter affidavit.

9. In such circumstances, in absence of the vital information regarding Managing Committee of the School, which the University has now denied to take up its affairs by declaring it to be as a self financed institution, whether the Vice Chancellor can be absolved from his duty in respect of the payment of teaching and non-teaching staff, who were appointed pursuant to the decision taken by the Syndicate of the University to establish a school for the benefit of the employees of the University in the University campus?

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