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2025 DIGILAW 999 (PAT)

Santosh Kumar v. State of Bihar

2025-11-17

ALOK KUMAR SINHA

body2025
Alok Kumar Sinha, J. – Heard the parties. 2. The petitioner in the present writ application has prayed for the grant of following reliefs: – (I) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the B.R. Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as "the University") to take steps towards placing the matter of appointment of the petitioner against the third sanctioned post of Assistant Professor in Physics at Ramshreshtha Singh College, Chochahan, P.O.-Aniruddha Belsar, District-Muzaffarpur (hereinafter referred to as "the College") before the statutory Approval, Seniority and Pay Fixation Committee of the University as well as the Syndicate of the University for its approval; (ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University to consider the matter of the appointment of the petitioner in terms of the provisions contained under section 57A of the Bihar State Universities Act, 1976 and approve the same in accordance with law; (iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the College to extend all the consequential benefits in favour of the petitioner after approval of his appointment by the statutory Approval, Seniority and Pay Fixation Committee as well as the Syndicate of the University, (iv) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case. 3. The case of the petitioner, inter alia, is as follows: – (i) 05.10.2007: – By order dated 05.07.2007 issued by the concerned authorities under the college, the petitioner was informed with respect to his appointment against the post of ‘Laboratory In-charge’ in the Department of Physics at the college and was, as such, directed to submit his joining against the said post within a period of one week from the date of receipt of the said order, failing which the appointment of the petitioner was to be canceled. (ii) 06.10.2007: – The petitioner submitted his joining against the post of ‘Laboratory In-charge’ in the Department of Physics of the College on 06.10.2007, which was duly accepted by the concerned authorities and thereafter, the petitioner started discharging his duty against the said post, and in the meantime, the petitioner proceeded on leave after taking due permission from the concerned authorities at the college in order to pursue the course of post-graduation in Physics. After having passed the M.Sc. (Physics) examination conduced by the concerned authorities under the University, the petitioner once again submitted his joining in the services of the college. (iii) 02.03.2010: – Thereafter, an order dated 02.03.2010 (Annexure-1) was issued by the concerned authorities under the college, by which while indicating that there is an acute shortage of teacher in the subject of Physics at the college, the petitioner was promoted in the capacity of ‘Lecturer’ in Physics at the college. In furtherance of the directions contained under the order dated 02.03.2010, the petitioner assumed the charge of ‘Lecturer’ in Physics at the college on 03.03.2010 and started discharging duties in the said capacity in accordance with law. (iv) 01.08.2010: – Subsequently, an order dated 01.08.2010 (Annexure-2) was issued by the concerned authorities at the college by which while indicating that the aforesaid order dated 02.03.2010 suffered from certain infirmities, the said order dated 02.03.2010 was withdrawn ab initio; and furthermore, the petitioner was provisionally appointed against the third sanctioned post of ‘Lecturer’ in Physics at the college and it was stipulated that the substantive appointment would be made on the basis of recommendation made by a Selection Committee to be constituted by the University. (v) In the aforesaid manner, petitioner continued to discharge the duties attached to the third sanctioned post of ‘Lecturer’ in Physics at the college with effect from 01.08.2010 to the satisfaction of all concerned at the college. (v) In the aforesaid manner, petitioner continued to discharge the duties attached to the third sanctioned post of ‘Lecturer’ in Physics at the college with effect from 01.08.2010 to the satisfaction of all concerned at the college. (vi) In the meantime, while the petitioner was continuing against the post of ‘Lecturer’ in Physics at the college, he applied and participated in the National Eligibility Test held on 21.12.2014 by the concerned authorities under the University Grants Commission and Council of Scientific and Industrial Research, New Delhi, and subsequently, in the month of March 2015, the result of the said test was published on the website of the University Grants Commission and amongst other persons, the petitioner was declared to have qualified in National Eligibility Test conducted by the concerned authorities for the subject of Physics and, as such, he became entitled and eligible for being considered for appointment against the post of ‘Assistant Professor’ in Physics in the colleges under different Universities in India. (vii) 30.04.2015: – By letter dated 30.04.2015 (Annexure-3) issued by the concerned authorities under the University, in terms of the provisions contained under the Bihar State University (Amendment) Act 2013, the concerned authorities at the college were informed that the names of experts for consideration of Selection Committee at the college for appointment against the posts of Teachers had been approved by the Vice-Chancellor of the University in accordance with the Resolution of the Academic Council of the University passed during its meeting held on 30.09.2013; thus in this manner, the concerned authorities at the college were instructed to go ahead with the process of selection in accordance with provisions contained under the Bihar State Universities Act, 1976 as well as the Statutes framed thereunder. (viii) 20.05.2015: – Subsequently, an advertisement dated 20.05.2015 (Annexure-4) was published by the concerned authorities under the college, inviting applications from eligible candidates for consideration of their cases for appointment against the sanctioned and recommended subjects of Arts and Science faculties at the college. From a bare perusal of the advertisement as per the petitioner, it was clear that amongst other posts, applications had also been invited for consideration of cases of candidates for appointment against the post of ‘Lecturer’ in Physics at the college. From a bare perusal of the advertisement as per the petitioner, it was clear that amongst other posts, applications had also been invited for consideration of cases of candidates for appointment against the post of ‘Lecturer’ in Physics at the college. (ix) 02.06.2015: – The petitioner being eligible in all respect and fulfilling all the eligibility criteria and educational qualifications required by a candidate for consideration of his case for appointment against the post of Assistant Professor in Physics at the college, he also submitted his application dated 02.06.2015 (Annexure-5) in the prescribed manner along with all the relevant documents for consideration of his case for appointment for the post against ‘Assistant Professor’ in Physics at the college. (x) 25.06.2015: – In the meantime, the formal communication was also made by the concerned authorities under the Council of Scientific and Industrial Research, New Delhi by letter dated 25.06.2015, by which the petitioner was informed that he had been declared successful in the Joint CSIR-UGC Test for Junior Research Fellowship and Eligibility for Lecturership held on 21.12.2014. (xi) 08.07.2015: – Subsequently, an Interview Letter dated 08.07.2015 (Annexure-7) was issued by the concerned authorities under the College, by which the petitioner was directed to participate in the interview to be conducted by the concerned authorities for consideration of his case for appointment against the post of ‘Assistant Professor’ in Physics at the prescribed date, time and venue. (xii) 10.07.2015: – The petitioner appeared before the Selection Committee duly constituted by the College in terms of the provisions contained under the Bihar State Universities Act, 1976 on 10.07.2015 and participated in the interview. Thereafter, on the basis of the recommendation made by the Selection Committee dated 10.07.2015 (Annexure-8), which was duly constituted by the concerned authorities under the College after approval of the University, amongst other persons, the name of the petitioner was recommended for appointment against the third sanctioned post of ‘Lecturer’ in Physics at the college. Thereafter, on the basis of the recommendation made by the Selection Committee dated 10.07.2015 (Annexure-8), which was duly constituted by the concerned authorities under the College after approval of the University, amongst other persons, the name of the petitioner was recommended for appointment against the third sanctioned post of ‘Lecturer’ in Physics at the college. (xiii) It is further submitted that in the meantime, in terms of provisions contained under Section 57 A(6) inserted by Bihar State Universities (Amendment) Act, 2015, another Selection Committee in terms of the provisions contained therein was also constituted by the College with the approval of the University, for considering and making recommendation with respect to cases of said teachers who had been appointed prior to 19.04.2007 but had continued in the Services of the College in different subjects without their names having been recommended by the erstwhile Bihar College Services Commission, Patna, which had ceased to exist. (xiv) It is further submitted that the Selection Committee constituted in terms of Section 57A(6) also submitted its recommendations with respect to different teachers who were appointed prior to 19.04.2007 in the Services of the College against the posts of Lecturers in different subjects, which was also required to be approved by the concerned authorities under the University and, as such, the recommendations made by the Selection Committee, constituted in terms of Section 57A(6) were also furnished to the concerned authorities under the University along with the recommendations made by the Selection Committee constituted in terms of the provisions contained under the Bihar State Universities (Amendment) Act, 2013 which amongst other persons, had recommended for appointment to the petitioner against the third sanctioned post of ‘Assistant Professor’ in Physics at the college. (xv) The petitioner further submits that it is pertinent to note that subsequently, an Office Order dated 29.03.1017 (Annexure-9) was issued by the concerned authorities under the University stating therein that the recommendations made by the Selection Committee forwarded by the governing bodies of the different colleges including the college where the present petitioner had been working, had been duly considered and examined by the Committee constituted by the syndicate of the University and the same has also been approved by the syndicate of the University and, as such, such recommendations were approved for notification indicating that seniority of teachers would be governed in terms of the respective dates of joining/acquiring of qualifications, whichever was later; and the names of the teachers working in different subjects at the college were also enclosed with the said Office Order dated 29.03.2017. (xvi) Notwithstanding the fact that the name of the present petitioner along with other similarly situated persons who were admittedly appointed after 19.04.2007 had also been duly recommended by the Selection Committee constituted by the College after approval of the experts by the University for appointment against the post of ‘Assistant Professor’ in different subjects at the college, no action with respect to approval of their appointments was taken by the concerned authorities under the University and the syndicate of the University only considered matters with respect to the cases of those teachers whose names were appointed prior to 19.04.2007 and whose names had been recommended by the Selection Committee constituted under Section 57A(6) as inserted by way of the Bihar Universities (Amendment) Act 2015. It was particularly underlined by the learned Senior Counsel for the petitioner that the Office Order dated 29.03.2017 did not expressly reject the approval of the appointment of the petitioner but simply did not take any decision on the recommendation made by the Selection Committee constituted by the college. It was particularly underlined by the learned Senior Counsel for the petitioner that the Office Order dated 29.03.2017 did not expressly reject the approval of the appointment of the petitioner but simply did not take any decision on the recommendation made by the Selection Committee constituted by the college. (xvii) In the meantime, it is stated that the petitioner has been allotted to different examination duties by the concerned authorities under the University, but unfortunately, till date no action has been taken with respect to placing the matter of his appointment before the Statutory Approval, Seniority and Pay Fixation Committee of the University, which has the power and function to consider the cases and make its recommendations for approval of appointments made in the affiliated colleges and furthermore, even the syndicate of the University has not taken any action with respect to granting its approval on the matter of recommendation made by Selection Committee for appointment of the petitioner against the third sanctioned post of ‘Lecturer’ in Physics at the college. (xviii) Several representations (Annexure-10 series) have been given by the petitioner before the concerned authorities with respect to placing the matter of appointment of the petitioner against the third sanctioned post of ‘Lecturer’ in Physics at the college but till date no steps have been taken, which as per the petitioner is highly arbitrary, unreasonable and in blatant disregard and violation of Articles 14 and 21 of the Constitution of India. Being aggrieved, therefore, the petitioner has filed the present writ application. 4. Per contra, learned counsel appearing for Respondent-University has defended its action of not approving the recommendation of the petitioner made by the Selection Committee. In this regard, the learned counsel appearing for the University relies upon statements made in paragraph-7 to 10 of its counter-affidavit which states as follows: – “7. That the petitioner claimed that the University is not taking steps with respect to placing the matter of appointment under Section 57A before the statutory bodies It is pertinent to mention in that regard that the matter of teachers working in the affiliated colleges prior to 19.04.2007 and the list of teachers as per the recommendations of the Selection Committee was enquired by a committee constituted by the Syndicate vide Memo No. B/17 dated 23.02.2017. 8. 8. That the committee submitted its detailed report, wherein it has been observed that on the recommendation of the Selection Committee, certain colleges have submitted the list of teachers including the names of lecturers appointed after the cut-off date of 19.04.2007 which is not in accordance with the mandate and directives as contained in Section 57A of the Bihar State Universities Act. Due to which the Committee recommended not to consider such cases and accordingly, the Committee examined rest of the cases and submitted its report wherein the name of the petitioner does not figure. 9. That the petitioner claims to have been initially appointed as Lab In-charge and working we.f 06.10.2007 in the department of Physics at the College After which the petitioner proceeded on leave and completed his post-graduation. Further, he claims to have been discharging the duties of lecturer in physics w.e.f. 03.03.2010. 10. That from the perusal of the averments made in the writ petition, it is evident that the petitioner was not appointed prior to 19.04.2007, hence the same does not fall within the purview of Section 57A, Bihar State Universities Act, 1976 and accordingly, the teachers appointed prior to 19.04.2007 were considered on the recommendation of selection committee for appointments against the sanctioned posts, duly examined and verified by the Syndicate Sub-Committee... and approved by the University Syndicate.” 5. Responding to the stand taken by the Respondent-University, learned Senior Counsel appearing for the petitioner, Mr. Abhinav Srivastava, submits that the petitioner has admittedly been appointed in terms of the provisions contained under Section 57A(1) and other subsections of Section 57A but not 57A(6) but unfortunately, even without examining the relief(s) sought by the petitioner in the present case, the Respondent-University has taken the aforesaid stand which has no applicability to the facts and circumstances of the present case and rather demonstrates complete lack of application of mind on part of the University. In nutshell, the submission of learned Senior Counsel is that is an admitted position that the petitioner was appointed after 19.04.2007 and, therefore, Section 57A(6) has no applicability to the case of the petitioner. 6. In nutshell, the submission of learned Senior Counsel is that is an admitted position that the petitioner was appointed after 19.04.2007 and, therefore, Section 57A(6) has no applicability to the case of the petitioner. 6. On a careful consideration of the submissions made by both the parties, the short question which arises for consideration in this case is: – (i) Whether Section 57A(6) of the Bihar State Universities Act, 1976, which has been brought under Statute by Bihar State Universities (Amendment) Act, 2015 has any applicability to the case of the petitioner? If not, then whether the Respondent-University’s reliance on Section 57A(6) for not placing the matter of appointment of the petitioner against the third sanctioned post of Assistant Professor in Physics at Ram Shreshta Singh College, Chochahan, PO-Anirudha Belsar, District-Muzaffarpur before the Statutory Approval Seniority and Pay Fixation and Committee of the University as well as syndicate of the University for its approval is proper, legal and justified? 7. It is not in dispute that the petitioner has been discharging the duties attached to the third sanctioned post of ‘Lecturer’ in Physics at the college pursuant to being appointed on the said post after 19.04.2007. This being the admitted position, it belies logic as to how Section 57A(6) of the Bihar State Universities Act, 1976 will have any role to play qua the case of the petitioner. 8. In order to appreciate this aspect of the matter, it is necessary to take note of the legislative need for introducing Section 57A(6) by the Bihar State University (Amendment) Act, 2015. The preamble of the said Amendment Act, 2015 clearly provides that the State Government had taken a policy decision to abolish the Vitta- Rahit Shiksha Niti and to provide grants to the institution including degree colleges vide Resolution No. 1846 dated 21.11.2008 and in the course of distribution of grants amongst the teachers of the affiliated degree colleges, it had been noted that many of the teachers working in such colleges for long duration were appointed by the governing body of the colleges. However, erstwhile Bihar College Service Commission recommendations in respect of them was not obtained for various reasons and since erstwhile Bihar College Service Commission had ceased to exist, and a new body, namely, Selection Committee at college level had been introduced for making recommendations with regard to the appointment of teachers of the affiliated degree colleges under the Bihar State University Act, 1976 as amended from time to time, therefore, it was not practically possible for the Selection Committee to scrutinize individual cases unless one time relaxation was permitted for such appointees who could not be recommended by the erstwhile Bihar College Service Commission. It was, therefore, considered necessary in public interest to provide for empowerment to the Selection Committee to scrutinize the cases of all those working teachers appointed without the recommendation of the Bihar College Service Commission and accordingly, it is in this backdrop that sub-section(6) was introduced in Section 57A of the Bihar State University Act, 1976, which reads as follows: – "(6) The Selection Committee, subject to this Act, will complete the scrutiny of the cases of the teachers of affiliated degree colleges appointed prior to 19.04.2007, without the recommendation of the Bihar College Service Commission on the basis of qualifications in force at the time of appointment of such teachers upto 31.03.2017, otherwise such appointments will not be treated valid. Thereafter the Governing Body of the college will accept the names recommended by the Selection Committee, which shall be finally approved by the concerned University Distribution of the amount of grant sanctioned by the State Government will be made amongst the teachers in the concerned affiliated degree colleges by its Governing Body upto 31.03.2017." 9. Section 57A(6), introduced a cut off date of 19.04.2007 for considering the cases of all such appointments made prior to 19.04.2007 who could not be recommended by erstwhile Bihar College Service Commission for various reasons and were continuing on the said post for long duration. It is for considering the cases of those appointees that sub-section (6) was introduced in Section 57A of the University Act, 1976. Manifestly, this class of persons who were appointed prior to 19.04.2007 were completely different to that of the petitioner and similarly situated persons, who were admittedly appointed after 19.04.2007. 10. It is for considering the cases of those appointees that sub-section (6) was introduced in Section 57A of the University Act, 1976. Manifestly, this class of persons who were appointed prior to 19.04.2007 were completely different to that of the petitioner and similarly situated persons, who were admittedly appointed after 19.04.2007. 10. Subsequently, by Bihar State University (Amendment) Act, 2017, sub-section(6) of Section 6 of Section 57A(6) was further amended, which reads as follows: – "(6) Subject to this Act, The Selection Committee shall complete the scrutiny of the cases of the teacher's appointed without the recommendation of the Bihar College Service Commission prior to 19.04.2007 in the Affiliated Degree Colleges on the basis of the qualifications enforced at time of the appointment of such teachers till 31.03.2018. Otherwise such appointments will not be treated valid. Thereafter the Governing Body of the college will accept the names recommended by the Selection Committee, which shall be finally approved by the concerned University. Distribution of grant amount sanctioned by the State Government till 31.03.2018 shall be made amongst the teachers working in the concerned affiliated degree colleges by its Governing Body." 11. By the Amendment Act, 2017 only the date for consideration was extended from 31.03.2017 to 31.03.2018, but substantively sub-section (6) remained the same. 12. In light of the discussion made above, it is clear that the Respondent-University could not have relied upon Section 57A(6) for not considering the case of the petitioner because the petitioner did not fall in the class of persons contemplated by the said Section 57A(6). The petitioner having been appointed after 19.04.2007 in terms of the provisions contained in Section 57A(1) and the other sub-sections of Section 57A other than Section 57A(6) of the Bihar State University Act, 1976 as amended up to date, it was incumbent on the University to place the matter of petitioner’s appointment against the post of ‘Assistant Professor’ in Physics at the college before the Statutory Seniority Approval and Pay Fixation Committee of the University for grant of approval. 13. 13. Accordingly, for the reasons as states above, this writ application is allowed and the concerned authorities of B.R. Ambedkar Bihar University, Muzaffarpur are directed to take steps towards placing the matter of appointment of the petitioner against the third sanctioned post of ‘Assistant Professor’ in Physics at Ram Shreshta Singh College, Chochahan, PO-Anirudha Belsar, District-Muzaffarpur before the Statutory Approval Seniority and Pay Fixation Committee of the University as well as the syndicate of the University for its approval, within one month from the date of passing of this order and the respondent authorities under the University are further directed to consider the matter of appointment of the petitioner in terms of the provisions contained under Section 57A of the Bihar State University Act, 1976 and to approve the same in accordance with law. The Respondent Authorities under the college are also directed to extend all the consequential benefits in favour of the petitioner within three months after approval of his appointment by the Statutory Approval Seniority and Pay Fixation Committee as well as the syndicate of the University. 14. With the aforesaid observation and directions, this writ application is allowed. All pending Interlocutory Applications, if any, will be deemed to have been disposed of.