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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Rabindra Narain Singh, Son of Late Nareshwar Prasad Singh – Appellant
Versus
State of Bihar through, Secretary, Department of Science and Technology, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's promotion application and grounds. (Para 2 , 3) |
| 2. background on notifications affecting promotion. (Para 4 , 8) |
| 3. state's arguments against petitioner's claims. (Para 5 , 6 , 7) |
| 4. aicte clarification on promotion qualifications. (Para 9 , 10) |
| 5. state must comply with central legislation and clarifications. (Para 11 , 12) |
| 6. clarifications regarding non-functional promotions. (Para 13 , 14) |
| 7. court's directive for petitioner's entitlements. (Para 15 , 16) |
| 8. conclusion of the writ petition. (Para 17 , 18) |
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Rajesh Kumar Singh, learned senior counsel along with Mr. Sumit Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pratik Kumar Sinha, learned AC to GA-5 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
“1.(a) That the above named petitioners are filing the present writ petition before this Hon'ble Court for issuance of writ of certiorari for quashing/setting aside the memo no. 497 dated 10.02.2021 issued by Respondent No.3 (Joint Director, Department of Science & Technology, Government of B
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
The court established that changes in qualification requirements for promotion are valid and can affect an employee's eligibility for upgradation.
The court affirmed that prior non-teaching service can be considered for promotion under the CAS if the roles are deemed equivalent, as per UGC guidelines.
Uncommunicated adverse entries in service records cannot invalidate a teacher's promotion rights; statutory procedures must be strictly followed in educational governance.
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