RAJENDRA AGRICULTURAL UNIVERSITY Vs. ASHOK KUMAR PRASAD

JUDGEMENT

(1.) 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.l06/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 Scientist to the post of University Professor/Chief Scientist. The said addition in Statute 14.1 was not published in the Official Gazette, as the matter was under reconsideration in view of the decision taken by the State Government to implement the pay scales of University Grants Commission (for short 'UGC') in regard to the teachers of the agricultural universities. The Chancellor also passed an order, which was communicated to the Vice-Chancellors of the Agricultural Universities vide letter dated 6.2.1992, that the operation of the said statute be kept pending till further orders as the whole issue was under review and further consideration.

(3.) Feeling aggrieved, the Rajendra Agricultural University Shikshak Manch, an association of teachers, filed a writ petition (CWJC No.9622/1992) challenging the said order dated 6.2.1992 of the Chancellor, and seeking directions to the University to consider the cases of its members for promotion in terms of the additional statute as per Notification dated 4.9.1991. A learned single Judge of the Patna High Court by order dated 17.3.1994 held that the notification dated 4.9.1991 relating to the additional statute did not come into effect as it was not published in the official gazette and therefore, no right could be claimed on the basis of such unpublished statute. The writ petition was therefore dismissed with a clarification that the impugned order dated 6.2.1992 being an interim order, the dismissal of the writ petition would not come in the way of the Chancellor taking appropriate final decision on the issue in accordance with law. Two writ petitions filed before the Ranchi Bench of the High Court (CWJC No.3096 of 1992 (R) and CWJC No.2740/1995 (R)) were disposed of with a direction that the issue raised by the writ petitioners may be considered and decided by the Chancellor after hearing the parties.