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2024 Supreme(Pat) 815

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC No.16648 of 2016
(19.9.2024)
Dr. Jayshree & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioners: Mr. Abhinav Srivastava.
For the Respondents: Ms Namrata Singh, AC to GA12.
For the M.U. : Mr. Md. Faiz Ahmad.
For the UGC : M/s Prakash Chandra Agrawal, Hare Bhaskar Gilesh.

Headnote:

University Law – Promotion – Career Advancement Scheme – Petitioners were appointed on post of Lecturers and claiming promotion in rank of Assistant Professor (Senior Scale) and Associate Professor – Since 1981 when post of Lecturer in Government Women's College at Gulzarbagh & Gardanibagh, Patna were declared as Ex-cadre post, pay scale including UGC pay scale admissible to Teachers working in Colleges under Universities were granted to Teachers in Government Women's College, Gardanibagh/Gulzarbagh, Patna – Petitioners are seeking benefit under decision of State Government regarding grant of benefit of UGC package which was duly notified and made applicable to Teachers working in Government Women's College, Gardanibagh and Gulzarbagh, Patna – Considering decision of State Government in Higher Education Department to implement UGC package not only with respect to Colleges under different Universities but also with respect to Teachers working in Government Women's College, Gardanibagh / Gulzarbagh, Patna, petitioners are also entitled for consideration of their cases for promotion under Career Advancement Scheme as contained in Clause-7 of UGC package – State Government including respondent / University directed to consider case of petitioners for promotion under Career Advancement Scheme as per Clause-7 of UGC package – Writ application allowed. (Paras 26 to 30)

Anil Kumar Sinha, J.—Four petitioners, who were appointed as Lecturers in the Government Women’s College, Gulzarbagh & Gardanibagh, Patna at present re-designated as Assistant Professor have filed the instant writ application for a direction to the respondent authorities to consider their cases for grant of promotion in the rank of Assistant Professor (Senior Scale) and Associate Professor in terms of the provision of the statutes regarding Career Advancement Scheme as are applicable in the cases of the teachers working in different Universities and Colleges governed by the regulations issued by the University Grants Commission (hereinafter referred to as the “UGC”). The petitioners have further prayed for grant of consequential benefit subsequent upon grant of promotion to them.

2. The petitioner nos. 1, 2 & 3 are working as Assistant Professor in the subjects of Geography, Hindi and Music respectively in the Government Women’s College, Gulzarbagh, Patna and the petitioner no. 4 is working as Assistant Professor in Chemistry at Government Women’s College, Gardanibagh, Patna. Both the colleges are affiliated to Magadh University and recognized by the UGC.

3. Pursuant to the advertisement dated 04.09.1996 published by the Bihar Public Service Commission (hereinafter referred to as the “BPSC”) applications were invited for fifteen posts of Lecturers in different subjects at the Government Women’s College, Gardanibagh & Gulzarbagh, Patna. The petitioners were appointed on the post of Lecturers as per the procedures prescribed for selection vide Memo No. 457 dated 17.03.1998.

4. By letter dated 19.11.1981 the State Government took a decision to declare the post of Principal and Lecturers working in the Government Women’s College, Gulzarbagh & Gardanibagh, Patna as Ex- Cadre posts and UGC pay scale admissible to the teachers working in the Colleges and / or Universities within the State of Bihar was made applicable to the teachers working in the Government Women’s Colleges under the administrative control of the State Government having affiliation from Magadh University. The Colleges in question are recognized by the UGC in terms of the provisions contained under Section 2(f) & 12(B) of the UGC Act, 1956 according to which the UGC provides financial assistance to eligible colleges which are included under Section 2(f) and declared fit to receive central assistance (UGC grant) under Section 12(B) of the UGC Act.

5. By notification dated 13.07.1993 issued by the State Government in the Department of Human Resource Development the persons working against the posts of Teachers in different subjects at the Government Women’s College were granted first time bound promotion in the UGC pay scale upon completion of ten years of regular service in the College on the recommendation of the BPSC.

6. A letter dated 20.07.2001 was issued by the respondent authorities under the Higher Education Department, Government of Bihar, by which decision was taken to implement the UGC package (including the revised pay scale) and the same was duly notified. The copy of the notification was communicated to the Registrars of different Universities within the State of Bihar and the Principals of the Government Women’s College, Gulzarbagh and Gardanibagh, Patna. By the said letter the State Government took a decision to implement the UGC package as contained in Appendix-I attached to the said letter which contains the provisions with regard to pay scales admissible to the Teachers working in different Universities and Colleges within the State of Bihar and also laid down the provisions in relation to the matters of recruitment and qualification for appointment of Teachers in the Colleges and Universities as well as the provisions regarding promotion in terms of Career Advancement Scheme as contained in Clause – 7.

7. The UGC package in Appendix – I was accepted by the State Government in its Department of Higher Education.

8. Subsequently, UGC issued regulations conta

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