ORDER

The present appeal has been filed under Clause 10 of Letters Patent Appellate Jurisdiction of Patna High Court Rules, 1916 and is directed against order dated 19-9-2018 passed by learned Single Judge in Civil Writ Jurisdiction Case No. 4044 of 2010, whereby the learned Single Judge has dismissed the petition filed by the present appellant / original petitioner.

2. Heard Mr. Sanjeev Kumar Singh, learned Advocate for the appellant, Mr. Ashutosh Ranjan Pandey, learned Advocate for the Respondent, Mr. Sunit Kumar, learned Advocate for the Magadh University, Mr. Rana Vikram Singh, learned Advocate for the PPU, Ms. Vagisha Pragya Vacaknavi, learned Advocate for the Respondent No. 4 and Mr. Shashi Shekhar Tiwary, learned AC to AAG-13 for the State.

3. Learned Advocate for the appellant / original petitioner submits that Laliteshwar Prasad Shahi College, Patna (hereinafter referred as L.P. Shahi College) was established in the year 1980 and has been affiliated to Magadh University, Bodh Gaya. Thereafter on the basis of the performance, the said college has also been registered under the provisions of UGC Act making it entitled to financial assistance from UGC. After the affiliation was granted, posts were created and were duly sanctioned by the Government. The number of vacant and sanctioned posts were determined and sent to Bihar College Service Commission, Patna for sending recommendation after completion of due process of selection. Accordingly, steps were taken by the said Commission by issuing advertisement and inviting applications for the post for the purpose of selection. Advertisement was issued for appointment of lecturer in different subjects against vacant and sanctioned post in L.P. Shahi College, Patna. It is submitted that petitioner was possessing requisite qualification and therefore, he applied for the post of lecturer in Zoology subject. After the due process of selection, his name was duly recommended by the said Commission on 09.01.1997 thereafter, appellant was appointed on the post of lecturer on 25.06.1997. Prior to that, the appellant was appointed on a regular basis on the post of lecturer on 02.09.1988. Thus, in continuation of his service in the college since 1988 the petitioner joined the post on 25.06.1997 and his appointment was approved by the Magadh University.

4. Learned Advocate thereafter submitted that statutes relating to mode of appointment, pay scale and qualification for the post of teachers of affiliated degree colleges in the faculties of Arts, Science and Commerce was approved by the Hon’ble Chancellor on 24-04-1978. Under the statute, lecturer was approved the pay scale of Rs. 700-1600.

5. At this stage, it is submitted that in the year 1982, the State Government took a policy decision with respect to affiliated colleges. As per the said policy, the State Government will not bear the financial expenses incurred on the new posts created in the colleges and the colleges shall bear their expenses. At this stage, it is also pointed out that on 21.11.2008, the State Government vide Resolution No. 1846 took a decision to abolish Vitta Rahit Shiksha Niti and to provide grants to the institutions including affiliated degree colleges. The said financial assistance is being provided to the institutions on the basis of the performance of the college and the grant is to be distributed to the persons validly appointed on sanctioned post.

6. Learned Advocate, therefore, submitted that once the policy of 1982 with regard to Vitta Rahit Shiksha Niti is abolished and once the Government takes upon the responsibility to give the financial assistance to the institution, it was the duty of the Respondent/ State to give the remuneration to the petitioner in terms of the sanctioned pay scale admissible to lecturer of the constituent colleges/ affiliated colleges. However, when the said pay scale as per the statute of 1976 was not granted, the petitioner preferred the caption petition. However, the learned Single