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2009 Supreme(SC) 1775

G.S.SINGHVI, R.V.RAVEENDRAN
Rajendra Agricultural University – Appellant
Versus
Ashok Kumar Prasad – Respondent


Advocates Appeared:
For the Appellants : K.K. Rai, Sr. Adv., Ambhoj Kumar Sinha, Advs., with him for the Appellants.
For the Respondents:P. S. Mishra, Sr. Adv., M.K. Choudhary, Ms. Namita Choudhary, Dr. S.K. Verma, Manish Kumar, Gopal Singh, B.B. Singh, Advs., with him for the Respondents.

JUDGMENT

R.V.Raveendran, J.—

The issue involved in these appeals is whether a statute made under section 36 of the Bihar Agricultural Universities Act, 1987, providing for a benefit to the teaching staff, for which assent has been given by the Chancellor can be enforced in the absence of publication in the official Gazette.

2. The appellant is an agricultural university governed by the Bihar Agricultural Universities Act, 1987 (for short ‘Act’). To provide relief to its teaching staff who were facing stagnation in service, the Board of Management of the Appellant University at its meeting dated 22.7.1989 framed a Statute providing for a Time Bound Promotion Scheme. The proposed Statute was placed before the Chancellor of the University for his assent under section 36(2) of the Act and such assent was given on 17.8.1991. In pursuance of it, the university issued a notification (N.No.106/RAU) dated 4.9.1991, making an addition in Statute 14.1 in chapter XIV of the Statutes of the Rajendra Agricultural University providing for a time bound promotion of (i) Assistant Professors/Junior Scientists to the post of Associate Professor/Senior Scientist and (ii) Associate Professor/Senior Sc



































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