Judgment P.K.Deb, J. 1. The admitted position remains in the case is that for advancement and development of the regional and tribal languages in the University level on the principles of Constitution of India for its development in the year 1969, Nagpuria Bhasha Parishad met in a delegation to the vice-Chancellor of Ranchi University and impressed upon him to introduce regional and tribal languages in the University. The Chotanagpur area of the State of Bihar is mainly inhabited by the tribal people more specially the original district of Ranchi which is now bifurcated in three districts, namely, Ranchi, Lohardaga and Gumla. These inhabitants whose language, culture and scripts are altogether different than the main stream of India. By industrial progress and its impact on the society, it was necessitated the migration of different race, cashes and communicates communities who then settled down in this place but inspite of such progress, the identity, languages and culture of the Scheduled Tribes remained intact. The framers of the Constitution made a solemn proclamation to cater the needs of the tribal who are definitely economically weaker section of the society and it was felt that advancement of all sphere of life more specially to protect the educational needs of the Tribal people, the tribal language should be propagated and as such in the year 1969 i.e. on 5th December, 1969, the Academic Council of the Ranch University and its senate approved to constitute a Syllabus Board for imparting education in the trial language of Nagpuri, Oraon and Mundari and laid down criteria for selection of Teachers in regional and tribal languages. On 27th August, 1970, the then Chancellor had approved the criteria of the selection of teachers in regional and tribal languages and syllabus and for that the Chancellor was pleased to include the languages of Nagpuri, Kurtikh and Mundari in the Regional and Tribal language Department in the Statute of Ranchi University. Teaching was introduced to import education in tribal languages in phase manner. In August, 1971, teaching of regional and tribal languages had been started initially at the Intermediate level for the Session 1971-73 and then the Chancellor inaugurated the Tribal and Regional Language Department being a separate department in the University. Teaching was introduced to import education in tribal languages in phase manner. In August, 1971, teaching of regional and tribal languages had been started initially at the Intermediate level for the Session 1971-73 and then the Chancellor inaugurated the Tribal and Regional Language Department being a separate department in the University. In July, 1975, a meeting was convened by the then vice Chancellor of the Ranchi University to make out a further syllabus for prescribing of regional and tribal languages in graduate level and started the teaching of the same at the graduate level in the Ranchi University. The matter was referred to the University Grants Commission and the same was approved. A seven Member Committee was constituted by the Chancellor in the year 1977 and that Committee recommended that a separate and independent department for development and advancement of tribal and regional languages be opened and necessary steps should be taken immediately for appointing the existing Lecturers and there was also a resolution for imparting education of tribal languages in 17 colleges of the Ranchi University. The Committee also suggested for creation of required posts of Lecturers, Readers and Professors with the Government. It also recommended that the teachers who are part time and/or temporary taking classes or are engaged for the teaching on the subjects above be further absorbed as full-fledged permanent teachers. 2. Dr. Kumar Suresh Singh, the then Vice-Chancellor of Ranchi University by his letter dated 12.5.1980 asked the Registrar to take immediate action for implementing the decision of the High powered committee as mentioned above. The recommendations of the said High Powered Committee were:- (i) To form Advisory Committee for the establishment of the department, (ii) Government be moved for sanction of the posts of Professor, Reader and Lecturer-7 out of which Lecturers for the subject Nagpuri, Oraon and Mundari had already been sanctioned by that time. There was also recommendations for obtaining sanction for the other remaining posts of Regional languages like Kharia, Ho, Santhali and Kurmali languages. Advisory Committee was also asked to prepare syllabus for the courses of tribal and regional languages. The said letter of the then vice-Chancellor was dated 12.5.1980 as contained in Annexure-2 to the writ petition. The Advisory committee of the Regional and Tribal Languages approved syllabus in the Intermediate, B.A. (Hons). and M.A. courses in the regional and tribal languages. Advisory Committee was also asked to prepare syllabus for the courses of tribal and regional languages. The said letter of the then vice-Chancellor was dated 12.5.1980 as contained in Annexure-2 to the writ petition. The Advisory committee of the Regional and Tribal Languages approved syllabus in the Intermediate, B.A. (Hons). and M.A. courses in the regional and tribal languages. A policy decision had been taken by the syllabus Board for prescribing syllabus in Ranchi University. On 6.10.1994, the Department of Regional and Tribal Languages which was set up in the Ranchi University published a notice for appointment of teachers in the languages Kurukh, Ho, Mundari, Santhali, Kurmali, Kharia. The petitioners submitted their application for appointment. On 13.3.1985, the Ranchi University forwarded the same to the Deputy Director, Higher Secondary Education, Bihar, Patna, for the purpose of advancement of the languages concerned and on the resolution of the syndicate on 22.10.1985, the University issued notice for temporary appointment of Lecturers in the aforesaid subjects. On 6th February, 1986, (Annexure 8), the Ranchi University issued instructions to all the Constituent and affiliated colleges of the Ranchi University for teaching in tribal and regional languages as per the decision of the Academic Council and Syndicate of the Ranchi University. Since, 1986 the petitioners had been appointed against the sanctioned posts which were sanctioned by the Human Resources Development Department and grants were made available to the University for advancement of teaching of regional and tribal languages. In total sixty two posis in different languages were sanctioned with some posts of sociology and geology. Under the scheme made by the Academic Council and Syndicate of the Ranchi University, the petitioner were holding the posts and imparting education of different regional and tribal languages since 1986. As per the direction of the University Grant Commission, the pay scale of the petitioners have been made at per with the University Grant Commissions norms and the University started disbursing the same but the posts created remained temporary and being renewal year to year. In the year 1990 and 1992, the Chair person of the department of Tribal and Regional Languages recommended of regularisation of the petitioners service vide Annexure-12. In the year 1990 and 1992, the Chair person of the department of Tribal and Regional Languages recommended of regularisation of the petitioners service vide Annexure-12. The Screening Committee recommended that the Chancellor be moved for absorption of the adhoc or temporary teachers under the tribal languages who have obtained 55 per cent marks and above in M.A. for General and 50% for S.C./S.T. As per the number of posts sanctioned by the Government in Regional and Tribal Languages Department, the same was approved by the High Powered Committee as contained in Annexure 12 along with the list of teachers indicated against the sanctioned posts in which names of the petitioners have also been included. On 7th August, 1993 the University forwarded the said recommendations to the Commissioner, Human Resources Development Department for absorption and regularisation of such teachers. Such recommendation is contained in Annexure 17 to the writ petition but without taking action on such recommendations being made by the Ranchi University, steps are now being taken in advertising the posts for appointment from amongst the public through Bihar State University Service Commission, hence, this petition has been filed for regularisation of the services of the petitioners and also for establishing a Tribal Institute for advancement /development of the Tribal Languages in the various Colleges of the Ranchi University. 3. In the counter-affidavit filed on behalf of the respondents No. 5 and 6, it has been stated that only on the ground that the petitioners were working for the last several years, there cannot be any question of absorption/regularisation against the regular sanctioned post as the same is against the provision of the Bihar Universities Act and the Statutes. According to the State Government, the petitioners have been appointed without public advertisement and in clear violation of Secs. 35, 57, 57A and 58 of the Bihar State Universities Act. When the Bihar State University (Constituent College) Service Commission Act, 1987, came in forces per amendment upto date, the petitioners being on ad hoc or temporary appointments are eligible to appear in the written test to be conducted by the Commission if they fulfill the norms of the qualifications and get their regular appointments accordingly against the sanctioned posts. The State Government was very much justified in making in making the posts advertised vide Annexure 19 and also on subsequent dates for filling up the posts by public advertisement. The State Government was very much justified in making in making the posts advertised vide Annexure 19 and also on subsequent dates for filling up the posts by public advertisement. It appears that while considering the stay matter regarding the advertisement for appointment of the Lecturers, this Court passed an order dated 23.5.1995 in the following manner:- It is ordered that pending disposal of the application, process of appointment pursuant to the advertisement contained in Annexure 19, so far it relates to filling up the post of regional languages is concerned, may continue, but no appointment shall be made until further orders. It was further ordered on 26.5.1995 in the following manner:- That the petitioner shall also be entitled to appear in the examination without prejudice to the rights and contentions of the parties. But again an advertisement and made in continuation of the earlier advertisement as contained in Annexure 19 to fill up the posts of Lecturers of Regional Languages. The petitioners again came up for a direction not to fill up the posts and this Court in terms of order dated 26.6.1996 passed the following order:- ...there being specific order of stay passed on 23rd of Ma) 1995, there is no need of passing any order. The respondents be adhered to the earlier order dated 23rd of May, 1995 and they will not fill up any post of Lecturers of regional languages until the further orders in this Court. 4 In the Bar, at the time of hearing of the writ petition, it has been stated that up-till-now the posts had not been filled up in view of the orders passed by this Court and perhaps some of the applicants in this writ petition had appeared in the examination which was held by the Universities Service Commission. 5. In the counter-affidavit filed by the Ranchi University, it has been stated that after passing of the Bihar State Universities (Constituent Colleges) Service Commission Act, 1987, there is no scope of absorption and/or regularisation of ad hoc/temporary appointment. Although as the provisions are mandatory and the norms of qualification have already been prescribed and if the petitioners do not fit in with such qualification, they cannot be considered for even appointment or sit in the examination itself. 6. Mr. Although as the provisions are mandatory and the norms of qualification have already been prescribed and if the petitioners do not fit in with such qualification, they cannot be considered for even appointment or sit in the examination itself. 6. Mr. M.S. Anwar, appearing for and on behalf of the Ranchi University has argued that the University has got all sympathy for the petitioners but there remains no further alternative but to stick to the mandatory provisions of law as provided under the Bihar State Universities Act, 1976 , wherein Sec. 58 of the Act provides that a teacher of the University shall not be appointed without the recommendation of the Bihar State Universities (Constituent Colleges) Commission Act, 1987 (hereinafter to be referred to as the Act). 7. Mr. P.K. Sinha, Learned Counsel for the petitioners submitted that the case of the petitioners is required to be considered on different footing as that of other subjects, as they are expounding the cause of development of tribal and regional languages and pioneered in imparting education in these languages and practically they have thought the students who have now passed M.A. and improved their educational qualification on these subjects and these pioneer teachers are now being not considered for their absorption/regularisation on the plea that they have not been appointed on regular, basis as per Secs. 35 and 58 of the Act. The history of coming into existence of imparting education in tribal languages very much reflects how the petitioners in those days took all pains with paltry amount of salary developing the department in imparting education in those languages and if their cases are not being considered in their proper perspective only because they have not the uniform good academic records fulfill the norms and qualification fixed for all other subjects, then non-consideration of their regularisation against the sanctioned posts is really unfortunate, more so when the petitioners stand on the unique footing of pioneering the cause of development of tribal languages. From the dates of the qualifications of the petitioners, it appears that most of them are having more than 50% marks in their M.A. examination but they have not uniform good and standard academic records in their previous examinations which might have a barrier for them for consideration of their appointments formally in the regular posts as per the norms fixed by the University Grant Commission. 8. Mr. 8. Mr. P.K. Sinha has referred to a decision of the Division Bench of this Court which dealt with Secs. 9 and 10 of the Act wherein the Division Bench held that the power conferred on the Chancellor under Sec. 9 is of wide amplitude. Authority has been conferred on the Chancellor with power to approve guidelines in a situation seeking for guidance. According to Mr. Sinha, when the Chancellor has got unfettered right and authority to frame the guidelines and implement the guidelines by forming Statues and when the matter has already been referred to by the Ranchi University for the purpose of regularisation/absorption of the petitioners then without having any direction from the Chancellor, such sort of advertisement for filling up the post on regular basis is unwarranted in law. 9. Mr. M.S. Anwar, appearing for and on behalf of the University submitted that making of the Statutes by the Chancellor has also been looked down by this Court in various judgments and for that purpose when there are mandatory provision as per the Act, there remains no other alternative but to fill up the posts on regular basis as per the norms of the Act itself. In this, respect, my attention has been drawn to the better of the Chairperson of the Department of the Regional Languages as contained in Annexure 18 wherein referring the matter of the petitioners it was observed in the following manner:- Since the candidates were the best available in these languages at the time, though deficient in some cases from the point of view of there current U.G.C. norms, the Screening Committee has recommended that they be absorbed/regularised keeping in view the special need to continue teaching of these languages and cultures in different Colleges/University departments and since they have already been successfully in continuous service for the last eight years. 10. The report of the Screening Committee also goes in favour of the petitioners. The Registrar of the University vide Annexure-20 has even gone to the extent of suggesting the Statute promulgated by the Chancellor under the Bihar State Universities Act to include the teachers of the tribal/regional languages by extending its period from 28th February, 1982 till 1986/1987 so that the petitioners case can come within the Statute by a simple amendments. The Registrar of the University vide Annexure-20 has even gone to the extent of suggesting the Statute promulgated by the Chancellor under the Bihar State Universities Act to include the teachers of the tribal/regional languages by extending its period from 28th February, 1982 till 1986/1987 so that the petitioners case can come within the Statute by a simple amendments. Thus it appears that even after the publication of the advertisement also, the Ranchi University was making efforts to get the petitioners regularised considering their cases of pioneering the cause of tribal and regional languages. The Statute No. 10 which came in force for the purpose of regularisation of the services of ad hoc /temporary appointees in different constituent colleges in different subjects, but such regularisation period was upto 20th February, 1982, only. For extra-special circumstances, as stated and discussed earlier, for the tribal languages only, the period of the Statute is extended for limited purposes as suggested by Ranchi University then perhaps the petitioners grievances can be redressed and, in my opinion, there is a fair attempt from the side of the Ranchi University to take the cause of the petitioners in their proper perspective. 11. Now two alternative remains, the Chancellor may take up the cause of the petitioners in its proper perspective as per the recommendations made by the Registrar, Chairperson of the Department of Regional Languages and the Screening Committee for including the absorption/regularisation of the Teachers of the Regional Languages covering the period of their appointments by extending the previous Statute for absorption/regularisation or to make a relaxation in the norms of qualifications of the teachers for the purpose of regular appointment in these languages only so that the petitioners can also come up within the scope of the strata of qualifications for their regular appointments against the said sanctioned posts. When there remains a bar in passing any order in violation of the different provisions of the Act now existing, there is no scope of passing any order of regularisation by this Court but in factual aspect, this Court is inclined to hold that the petitioners must not be thrown away only because their appointment long ten years back were on temporary basis as at the time of their appointment, the departments were also temporary being renewed from time to time. In that view of the matter, the whole empasse may be placed before the Chancellor for proper direction and issue of guidelines in the matter. 12. Let this order be placed before the Chancellor, Ranchi University within fifteen days next from the side of the petitioners or by the Ranchi University for proper guidance/orders within two months next positively and, in the meantime, no appointments should be made to fill up the sanctioned posts of Lecturers in those languages till the decision is arrived at from the side of the Chancellor considering the uniqueness of this case. This order has been passed to go beyond the norms as these languages are only available in Chotanagpur Platue and no candidates are available for imparting teaching in these subjects from outside the State or outside the Platue and also keeping in mind the constitutional mandate of development of these languages. 13. With the aforesaid observations and directions, this writ application is disposed of but without costs.