Sushri Rajni Bala Agrawal vs Lalit Narain Mithila University Darbhanga (Bihar)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1999 Supreme(SC) 686

1999(5) Supreme 574
Supreme Court of India
(From Patna High Court)
Mrs. Sujata V. Manohar & R.C. Lahoti, JJ.
Dr. (Sushri) Rajni Bala Agrawal -Appellant
versus
Lalit Narain Mithila University Darbhanga (Bihar) & Ors. -Respondents
Civil Appeal No. 3484 of 1992
Decided on 24-5-1999
Counsel for the Parties :
For the Appellant : Dr. K.D. Prasad, Advocate for T.N. Singh, Advocate.
For the Respondents : Rudreshwar Singh, Advocate for R.P. Wadhwani, Advocate.

Headnote:Bihar State Universities Act, 1976-Section 2(c), 2(b) - Statute of Lalit Narayan University-Appointment of Principal in affiliated college - Qualification for - 12 years experience as lecturer in degree college/university department-College means college affiliated to University-Experience in Private College before affiliation of such a college cannot be counted.
       Held : The qualifications, inter alia, require not less than twelve years’ teaching experience at least as a Lecturer in the degree college/university department. Looking to the definition of “college” in the said Act, teaching experience has to be in an affiliated college. The affiliated college must also be a degree college. Under Section 2(s) a “lecturer” is defined to mean a teacher of a college or the University possessing such qualifications as may be prescribed by the Statutes. Therefore, the experience of teaching as a lecturer must be as a lecturer in an affiliated degree college which also, in turn, implies possession of qualifications required under the Statutes of a lecturer in a degree college. On 3.10.1985 the appellant did not have twelve years’ teaching experience in a degree college. With effect from. 1.6.1981, the said college was granted affiliation only upto intermediate level. Therefore, the experience of the appellant of teaching in the said college cannot be counted for the purpose of considering her for the post of Principal. It was only on 3.10.1985 that the college was granted affiliation upto graducate level. Moreover, the appointment of the appellant was as a lecturer in a private college which was not affiliated to the University and the basis of such appointment and the qualifications which were required by the said private college at the material time are not on record. Therefore, her experience of teaching as a lecturer in a private college cannot be considered as of the kind prescribed under the Statutes read with the said Act. On 16th of April, 1988, therefore, when respondent No. 4 was appointed as Principal of the said college, the appellant did not have the requisite twelve years’ teaching experience as a Lecturer in a degree college which would qualify her for the post of Principal. (Para 7)
       The appellant contended that her teaching experience as temporary Hindi Lecturer and as temporary Principal right from 1.9.1971 should be counted for the purpose of her appointment as Principal. The Statutes, however, which specify experience in a degree college or university department, have been framed under the Bihar State Universities Act, 1976 under which a “college” has been defined under Section 2(f) as an affiliated college and an “affiliated college” has been defined as an educational institution which has received privileges of the University according to the provisions of the Act and the Statutes. A private unaffiliated college, therefore, does not come within the definition of a college as defined under the Bihar State Universities Act, 1976. The High Court has, therefore, rightly held that the appellant was not eligible for being appointed as Principal of an affiliated degree college. (Para 9)

Judgment

Mrs. Sujata V. Manohar, J.-This is an appeal from a judgment and order of Full Bench of the Patna High Court dated 18.12.1991.

2. A private college then known as Mahila Mahavidalaya, Madhubani, was established on 1.8.1971. On 1.9.1971 the appellant was appointed as a Lecturer in the Department of Hindi on a temporary basis for a period of six months by the Secretary of the Governing Body of the College. Pursuant to her appointment the appellant joined the college on 1.9.1971. In June, 1977 the Governing Body of the said College advertised for the post of a lady Principal. Pursuant to the advertisement the appellant applied for the post of Principal. She was interviewed along with three other candidates and was found suitable. On 11.7.1977 the appellant was appointed as a Principal of the said college on a temporary basis.

3. By a notification dated 6.10.1982 the Bihar Intermediate Education Board granted recognition to the said college for teaching upto intermediate level. The notification, inter alia, created one post of Principal without any financial burden. The college itself was required to bear the expenses to be incurred, inter alia, against the said post. Concurrence of the Bihar College Service Commission, Patna, however, was required. The notification also stated that in the college, teaching of degree level should not be arranged. The approval was granted with effect from 1.6.1981. According to the appellant she continued as the Principal of the said college after it was recognised upto intermediate level. No concurrence, however, of the Bihar College Service Commission, Patna, was obtained for her occupying the said post.

4. On 3.10.1985 with the concurrence of the State Government the said college was granted temporary affiliation to the respondent-Lalit Narain Mithila University, for teaching upto B.A. (Pass) level. The affiliation was granted for the academic sessions 1985-86. On 19.8.1986, pursuant to a decision taken by the Government of Bihar, Department of Education, 36 affiliated colleges of the State including the said college, were taken over and placed under the management and control of the respondent-Lalit Narain Mithila University. Under Section 4(14) of the Bihar State Universities Act, 1976, the said university was also directed to take charge of the assets and liabilities of these colleges by entering into an agreement with the Governing Body of the concerned college. The requisite resolution of the Governing Body of the said women’s college agreeing to the said college being taken over by the university was accordingly passed. In respect of creation of the posts in the said colleges and absorption of the services of the existing teachers, the resolution of the Government stated that a decision would be taken by the State Government after the report of a committee constituted by the State Government for inspecting the said colleges was received. Until a final decision was taken by the State Government, the teaching and non-teaching staff appointed in the said college was to continue as such. Thereafter, an inspection report dated 23.2.1987 was received in respect of some of the colleges including the said women’s college. In the inspection report, while dealing with the said women’s college, the post of Principal was shown as vacant, and the appellant was described as Lecturer in Hindi Department and in-charge Principal.

5. After the said 36 colleges including the present women’s college were made constituent units of the university, a request was made by the university to the Bihar College Service Commission for the selection of the Principals of the colleges. The Commission, after due advertisement, and after considering the applications received and interviewing the candidates, recommended a panel of 33 names for appointment as Principals of the constituent units under the Lalit Narain Mithila University. The appellant did not apply for being considered for the post of Principa

Click Here to Read the rest of this document

1999 Supreme(SC) 686

Cases Referred (1)