An appointment as Assistant Professor must comply with statutory provisions, and agreements cannot override such laws, rendering non-compliant appointments void.

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 appointment should have been confirmed by the University and he should be given all the remunerations attached with the same post.

4. Mr. Mithilesh Singh appearing on behalf of the respondent- University opposes the prayer and submits that there is law in respect of appointment of Professor of the University. In breach of the said law no one can be appointed as University Professor. Any agreement contrary to the law should not be taken into consideration. Since the name of the petitioner was not recommended by Jharkhand Public Service Commission, which is a mandate of law, the appointment of the petitioner is void and is against the legal provision. The petitioner thus is not entitled to get other benefits.

5. The appointment of University Professor is governed by the Jharkhand State Universities Act , 2000. Prior to bifurcation of the State of Bihar and prior to formation of State of Jharkhand, the Bihar State Universities Act of 1976 was in force. After formation of the State of Jharkhand or reorganization of the State of Bihar, the State Universities Act was adopted vide Notification No.18 dated 13.12.2000. As per the Jharkhand State Universities Act , 2000, the appointment of Teachers and Officers must be strictly in terms of Section 57 of the aforesaid Act. Section 57 lays down the procedure as to how a Professor/ Assistant Professor etc. are to be appointed. Except the appointment of Vice Chancellor, Pro Vice-Chancellor, Proctor, Dean-Students Welfare, Co- ordinator, College Development Council and Deans of faculty, all the other appointments and promotions of teaching staff and Officers has to be made strictly in terms of Section 57 of the Jharkhand State Universities Act . As per Sub-Section (1) of 57, there has to be recommendation made by the Jharkhand Public Service Commission for appointment of Professor/ Assistant Professor.

6. It is an admitted case of both the parties that Jharkhand Public Commission has not recommended, the petitioner to be appointed as Assistant Professor in St. Columba’s College, Hazaribagh under the Vinoba Bhave University, Hazaribagh.

7. Further, from the records, I find that there was only one post of Assistant Professor in Geology Department in the said College and the said post was not vacant at the time of appointment of the petitioner which was made by the Diocese. Further the Diocese has got no jurisdiction to appoint as an Assistant Professor. This appointment is beyond the statutory provision. If the petitioner is relying upon any agreement, the same will be of no help to the petitioner as because this agreement cannot override the statutory provision. The said agreement has got no legal standing in the eyes of law.

8. The Hon’ble Supreme Court in the case of CLP India Private Limited vs. Gujarat Urja Vikas Nigam Limite