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1993 Supreme(Pat) 175

PATNA HIGH COURT
B.C.Basak, Choudhary and S.N.Mishra JJ.
Awadh Kishore Prasad Yadav
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 1921 of 1993 ; 2250 of 1993 ;
Decided On : APRIL 16, 1993

The power of review cannot be easily implied when it is not expressly conferred.

Headnote:

The Patna High Court ruled on the legality of the demotion of teachers from the rank of Reader to Lecturer in various constituent colleges of Patna University. The demotion was ordered by the University based on the withdrawal of concurrence by the Bihar State University Service Commission (Commission) for the promotion of the teachers to the rank of Reader.

Fact of the Case:

The petitioners, a group of teachers from Patna University, challenged the University's order demoting them from the rank of Reader to Lecturer. The demotion was based on the withdrawal of concurrence by the Bihar State University Service Commission (Commission) for the promotion of the teachers to the rank of Reader. The petitioners argued that the withdrawal of concurrence was illegal, unauthorized, and violated the principles of natural justice and fair play.

Finding of the Court:

The Court found that the Commission's withdrawal of concurrence was illegal and unauthorized. The Court held that the Commission did not have the power to review its earlier decision to grant concurrence for the promotion of the teachers. The Court also found that the Commission's decision was based on a technicality, namely, that some of the experts who participated in the screening committee for the promotion were not from the approved panel. The Court held that this technicality did not vitiate the selection process and that the teachers had acquired a lien in the post of Reader by virtue of their confirmation in the post.

Issues: 1. Whether the Commission had the power to withdraw its concurrence for the promotion of the teachers to the rank of Reader. 2. Whether the withdrawal of concurrence was illegal and unauthorized. 3. Whether the demotion of the teachers violated the principles of natural justice and fair play.

Ratio Decidendi: 1. The Court held that the Commission did not have the power to review its earlier decision to grant concurrence for the promotion of the teachers. The Court relied on the principle that the power of review cannot be easily implied when it is not expressly conferred. 2. The Court held that the withdrawal of concurrence was illegal and unauthorized. The Court found that the Commission's decision was based on a technicality, namely, that some of the experts who participated in the screening committee for the promotion were not from the approved panel. The Court held that this technicality did not vitiate the selection process and that the teachers had acquired a lien in the post of Reader by virtue of their confirmation in the post. 3. The Court held that the demotion of the teachers violated the principles of natural justice and fair play. The Court found that the teachers were not given an opportunity to show cause before they were demoted.

Final Decision: The Court allowed the petitions and set aside the demotion orders. The Court directed the University to reinstate the teachers to their positions as Readers and to grant them all the benefits, including arrears of salary, that they would have received if they had not been demoted.

Judgment

B.C.Basak, J.

1. These are series of writ petitions where question of facts and law are generally common and accordingly, they were heard together. However, in this judgment we shall deal with only two of the petitions which relate to Patna University. In these two writ petitions the challenge is against the order of the Patna University demoting the petitioners from the respective posts held by them.

FACTS-C.W.J.C. No. 1921/93

2. In writ petition C.W.J.C. No. 1921 of 1993 the case made out by the petitioners is as follows, The petitioners are 14 in number and they have challenged the order issued by the Patna University dated 15th February, 1993 (Annexure-10 to the writ petition) issued under the signature of the Registrar of Patna University, being respondent No. 7, whereby the promotion of a large number of teachers from the rank and post of Lecturers to the rank and post of Readers in different Departments of the Constituent Colleges of Patna University, including the petitioners, as also to the rank and post of Professors in respect of some of them, under the Statute for Time-Bound Promotion of Lecturers to the post of Readers and for Readers to the post of University Professors (hereinafter referred to as the Time-Bound Promotion Scheme) has been cancelled as a result of which they allege that they have been reverted and reduced in rank and lower scale. The cases of the petitioners are as follows. The petitioners were originally appointed under the Patna University as lecturers temporarily on different dates between 1967 to 1976. Thereafter they were all appointed substantively on permanent basis in the said post of lecturer on the recommendation of the Bihar Public Service Commission (hereinafter referred to as BPSC) with effect from different dates between 1967 and 1980. Thereafter all of them were promoted as Readers provisionally on the recommendation of the Screening Committee with effect from different dates in the years 1985 and 1986. Thereafter upon completion of 10 years continuous service they were appointed to the post of Reader on substantive basis on the recommendation of the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as "the Commission") itself by several orders passed in the year 1992 and with effect from the dates of the original appointments as Readers on temporary basis. Further, 5 of them i.e. petitioner No. 1, petitioner No. 4, petitioner No. 8, petitioner No. 9 and petitioner No. 11 were further appointed on promotion provisionally to the post of Professor with effect from different dates in the years 1985 (petitioner No. 4), 1986 (petitioner No. 1), 1988 (petitioner No. 11), 1989 (petitioner No. 9) and 1990 (petitioner No. 8j. The details of such appointments and promotions have been given in the chart being annexure to the petition and supported by different documents which are also annexed. The factual aspects of the matter has not been disputed before us by the respondents. The said Time-Bound Promotion Scheme was framed by the Chancellor on the recommendation of the Bihar later University Board and the approval of the State Government which was circulated by the office of the Chancellor vide letter No. B.S.U.-27/25- 4032 G S. (1) dated 21-12-1986. This Scheme came into effect from 1-124985. By the said Time-Bound Promotion Scheme the provisions for promotion of the Lecturers holding substantive post as Lecturers to the post of Reader were made. The said scheme provides, inter alia, that a Lecturer holding substantive appointment on the post of Lecturer and having completed atleast 10 years of continuous service as Lecturers in one or more University be promoted to the post of Reader on the recommendation of the Commission. It was similarly provided that a Reader possessing the qualification of University Professor prescribed by the University Grant Commission and having completed at least 16 years of continuous service as Lecturer/Reader sha




















































































































































































































































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