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1993 Supreme(Pat) 174

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

Headnote:Bihar State (Constituent Colleges) Service Commission Act, 1987 and Inter University Board Act, 1981, Sec 10(2) - Commission framing time bound promotion scheme approved u/s 10 (2) of the Act by Inter University Board - Criteria for promotion to the posts of Readers and Professor laid down-Criteria providing for recommendations to he made by the Screening Committee of the University for such promotion - names of the petitioners recommended by the Patna University and provisional promotion given from different dates on the posts of Readers/Professors and salaries also fixed - matter referred to the Commission for concurrence - Commission giving concurrence at first but subsequently withdrawing the same as a result of which University cancelling promotions - propriety of - from the record and chain or events discloses clear non-application of mind, a hastly action, an arbitrary action - the Commission acted improperly. unauthorisedly and In violation of principle of natural justice and fair play - the Commission had given Its concurrence and thereafter It withdrew the same which amounts to exercise of power to review which the Commission did not have - besides lock of jurisdiction, exercise of such powers was illegal improper cud unauthorlsed - it was duty of the Commission to act reasonably and within reasonable time-cancllation of concurrence affected the rights of the petitioners having civil and financial consequences and Impugned order of demotion of the petitioners is bad, illegal and without jurisdiction and the same is set aside and the demotion orders be treated as null and void-Case Laws-AIR 1970 SC 1273, AIR 1989 SC 2206, 1982 BBCJ 392, AIR 1991 SC 295,1981 PLJR 27, AIR 1990 SC 1402. AIR 1969 SC 1297, AIR 1958 SC 36, AIR 1957 SC 912, 1970 PLJR 1, AIR 1979 SC 592, (1989) 1 SCC 399, (1986) Supp. SCC 740, (1990) 4 SCC 510, AIR 1981 SC 41, 1981 PLJR 17, (1993) 1 SCC 426, AIR 1990 SC 763. CWJC Nos. 2709 & 2709 & 2782/92 discussed. (Paras 10, 12, 12.2, 12.4, 12.7, 14.1 & 14.2)

Judgment

B. C. Basak, C. 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 domoting the petitioners from the respective posts held by them.

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 (Annexurc-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 Pataa 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 BJSC) 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 strvice 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 order 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 Nos.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), the 1986 (petitioner No 1) 1988 (petitioner No.11), 1989 (petitioner No.9) and 1990 (petitioner No.8 ). 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 aspect of the matter has not been disputed before us by the respondents. The said Time-Bound Promotion jscbeme was framed by the Chancellor on the recomendation of the Bihar Inter 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 inte effect from 1-12-1985. By the said Time Bound Promotion Scheme the provisions for promotion of the lecturers holding substantive post as Lecturers to the post of Readers were made. The said scheme provides, inter alia, that a Lecturer holding substantive appointment on the post of Lecturer and having completed at least 10 years of continuous service as Lecturers in one or more Universities 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 shall, on the recommendat


































































































































































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