IN THE HIGH COURT OF JHARKHAND AT RANCHI
SRI ANANDA SEN, J
Amber Kachchap, S/o Late Beny Kachchap – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
Heard, learned counsel for the petitioner and learned counsel for the State.
2. By filing this writ petition under Article 226 of Constitution, the petitioner has made a prayer to direct the State to pay his due salary, amount of D.A. admissible from time to time with interest since, he is working as an Assistant Professor of Geology from 06.07.2013. Petitioner further prayed for a direction upon the Vice Chancellor of Vinoba Bhave University, Hazaribagh to approve the appointment of the petitioner as an Assistant Professor of Geology in St. Column’s College, Hazaribagh as similarly situated persons has been given the same benefit.
3. Learned counsel for the petitioner argues that the petitioner was appointed by the Diocese of Chotanagpur and on the basis of the said appointment he is working as an Assistant Professor in St. Column’s College, Hazaribagh. He further submits that there was an agreement between the Diocese of Chotanagpur and the then Ranchi University and based on the said agreement the petitioner was issued appointment letter. As per him, since the petitioner has been issued the appointment letter as Assistant Professor in Geology, his appointme
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An appointment as Assistant Professor must comply with statutory provisions, and agreements cannot override such laws, rendering non-compliant appointments void.
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
The court affirmed that statutory compliance is essential for appointments in educational institutions, and the doctrine of negative equality cannot be invoked to claim rights based on prior incorrec....
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
A recommendation by the Syndicate does not equate to a formal decision for extending the tenure of a Registrar, and the Chancellor's authority must be adhered to as per statutory provisions.
Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
The main legal point established in the judgment is the entitlement of teachers in minority institutions to salary out of grant-in-aid, as clarified by the Bihar State University Act, 1976, and the j....
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