Final Counter Affidavit Wps 3153-2021 Ramji Singh - Vbu

IN THE HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURISDICTION)
W. P (S) No. 3 1 5 3 of 2 0 2 1
Ramji Singh --------------- Petitioner
Versus
The State of Jharkhand & others ------------ Respondents
COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT No.3, 4&5
I, Kaushlendra Kumar son of Late Bengali Prasad Sinha,
at present posted as Registrar Vinoba Bhave University,
Hazaribag , District - Hazaribag, do hereby solemnly
affirm and state as follows:

2
1. That I am presently posted as Registrar , Vinoba Bhave
University at Hazaribag, respondent no. 5 and duly
authorized by respondent no. 4 to file the affidavit on his
behalf.
2. That I am well acquainted with the facts and
circumstances of the case.
3. That I have read the contents of the writ application
and have understood the same .
4. That it is stated and submitted that the contentions and
averments raised on behalf of the petitioner in the writ
petition under reply are hereby denied and disputed save and
except those which have specifically been admitted by the
answering respondent in the present counter affidavit .
5. That before giving paragraph wise reply to the
statements made in the writ petition, it will be
necessary to place some facts of the case before this

3
Hon’ble Court for the just and proper decision of the
case.
6. That it is submitted that the petitioner’s letter of appointment
was issued on 01.10.1983 and petitioner joined the college
on 03.10.1983 and respondent no. 6 joined Markham
College of commerce on the same date i.e 03.10.1983
7. That after perusal of qualification it transpires that petitioner
secured 53.2% in M.Sc. and not qualified for the
appointment for the post of Lecturer in the year 1983 as per
1978 Statutes applicable at that time. He did not possess
high second class degree in M.Sc as required in M.Sc in as
per 1978 statutes.
8. That according to the judgment of S.C. Agarwal
Commission the seniority of teacher is also based upon the
marks of post graduate degree of candidate if the date of
joining is the same and in this case the date of joining of the
petitioner and respondent no. 6 are the same but petitioner

4
obtained only 53.2 % in M.Sc. It has been observed in the
report of S.C Agarwal Commission in the following : “The
teacher who have been found eligible for consideration for
absorption have been placed in the list on the basis of their
seniority keeping in view their date of appointment as well
as the date on which they acquired the requisite
qualification, keeping in view clause 2(vi) of Resolution of
the Govt. of Bihar dated May 9, 1988 in respect of teachers
who were appointed on the same date and had also joined
duty on the same date and had also joined duty on the same
date the placement in the list for absorption has been made
on the basis of the marks obtained by them in the
examination for the post-graduate degree”
9. That after perusal of qualification of respondent no. 6 that he
secured 81.6% marks in M.Sc which was sufficient for the
qualification for lecturer as per 1978 Statutes.

5
10. That after perusal of the documents submitted by
respondent no. 6 it is evident that the letter of concurrence
was accorded in his appointment by Bihar College service
Commission against the 1st sanctioned post.
11. That the respondent no. 6 was getting salary by the
Principal of Markham College of Commerce from the
University on sanctioned post while petitioner was getting
salary on recommended post.
12. That according to the Hon’ble Justice S.C Agarwal
Commission, the name of the petitioner was in sanctioned
post while name of respondent no. 6 was in recommended
post. (Annexure -2 of the writ petition).
13. That however, according to the judgment of Hon’ble
Justice S.C Agarwal Commission is:- “ In some of the
written objections, certain mistakes of names and
descriptions of employees in the report of Commission have
been pointed out. Such mistakes in the report of the

6
commission may be brought by the affected employees to
the notice of the Universities concerned. It would be open to
the Universities, for the above limited purpose to undertake
enquiry and verification of the records to rectify and rely
upon the report of the Commission with the necessary
corrections only with regard to the names and descriptions of
the employees.”
On the basis of above observation the report from the
colleges was called for from all the colleges of the
University and Markham College of commerce submitted
the report through its Principal and subsequently the
university filed an affidavit before Hon’ble Justice S.C
Agarwal Commission in which petitioner was kept in serial
no. 54 in recommended post while respondent no. 6 was
kept in serial no. 11 in sectioned post.
14. That a three members committee was also constituted
by the University vide memo no. Est/2475/2021 dated

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02.12.2021 on the committee finally submitted the report
and recommended that notification no.VBU/Esstt/1392/
2009 dated 16.07.2009 which was kept in abeyance in which
the services of respondent no. 6 was absorbed on sanctioned
post prior to 30.04.1986.
Xerox copy of the enquiry report
dated 25.01.2021 is annexed and
marked Annexure-A to this C.A.
15. That the answering respondent further craves leave to
file a detailed counter affidavit / additional affidavit (s) as
when required.
16. That the deponent has read the statements made in
this affidavit and has understood the same.
17. That the statements contained in paragraph………
of this affidavit are true to my knowledge and those
made in paragraph ……………..of this affidavit are
derived from the relevant records of this case and rest

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of the paragraphs are by way of my humble submission
before this Hon’ble Court.
18. That the contents of this counter affidavit is
verified, sworn and signed on this the ………day of
June, 2023 at this Hon’ble Court, Ranchi.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

Ramji Singh --------------- Petitioner

The State of Jharkhand & others ------------ Respondents

COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT No.3, 4&5

I, Kaushlendra Kumar son of Late Bengali Prasad Sinha,

at present posted as Registrar Vinoba Bhave University,

Hazaribag , District - Hazaribag, do hereby solemnly

affirm and state as follows:

1. That I am presently posted as Registrar , Vinoba Bhave

University at Hazaribag, respondent no. 5 and duly

authorized by respondent no. 4 to file the affidavit on his

2. That I am well acquainted with the facts and

circumstances of the case.

3. That I have read the contents of the writ application

and have understood the same .

4. That it is stated and submitted that the contentions and

averments raised on behalf of the petitioner in the writ

except those which have specifically been admitted by the

answering respondent in the present counter affidavit .

5. That before giving paragraph wise reply to the

statements made in the writ petition, it will be

necessary to place some facts of the case before this

Hon’ble Court for the just and proper decision of the

6. That it is submitted that the petitioner’s letter of appointment

was issued on 01.10.1983 and petitioner joined the college

on 03.10.1983 and respondent no. 6 joined Markham

College of commerce on the same date i.e 03.10.1983

7. That after perusal of qualification it transpires that petitioner

secured 53.2% in M.Sc. and not qualified for the

appointment for the post of Lecturer in the year 1983 as per

1978 Statutes applicable at that time. He did not possess

high second class degree in M.Sc as required in M.Sc in as

per 1978 statutes.

8. That according to the judgment of S.C. Agarwal

Commission the seniority of teacher is also based upon the

marks of post graduate degree of candidate if the date of

petitioner and respondent no. 6 are the same but petitioner

obtained only 53.2 % in M.Sc. It has been observed in the

report of S.C Agarwal Commission in the following : “The

teacher who have been found eligible for consideration for

absorption have been placed in the list on the basis of their

seniority keeping in view their date of appointment as well

as the date on which they acquired the requisite

qualification, keeping in view clause 2(vi) of Resolution of

the Govt. of Bihar dated May 9, 1988 in respect of teachers

on the basis of the marks obtained by them in the

examination for the post-graduate degree”

9. That after perusal of qualification of respondent no. 6 that he

secured 81.6% marks in M.Sc which was sufficient for the

qualification for lecturer as per 1978 Statutes.

10. That after perusal of the documents submitted by

respondent no. 6 it is evident that the letter of concurrence

was accorded in his appointment by Bihar College service

Commission against the 1st sanctioned post.

11. That the respondent no. 6 was getting salary by the

Principal of Markham College of Commerce from the

University on sanctioned post while petitioner was getting

salary on recommended post.