AWADESH PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by eleven laboratory incharge in different academic discipline at the Marwari College, Darbhanga. This college was made a constituent college within the meaning of Bihar Universities Act, 1976. The issue is otherwise very simple but it has been complicated by the State respondents. At this college there were Demonstrators. They sought promotion on the post of lecturers. Consequent upon the Demonstrators having become lecturers, there was void on the post of Demonstrators. It is accepted between the appellants and the State respondents, and on this there is no issue, that none of the science disciplines which needs a laboratory can function without demonstrators or like positions whatever be their nomenclature.

(2.) SUBSEQUENTLY , the positions were labelled as Laboratory Incharge. As the sanction to make recruitment was not forthcoming from the State Government the Principal of the college did not have any option but to place on record that he had sought the sanction; this he did. Between 1986 -87 when the University included the posts of Laboratory Incharge in the budget and sent the budget to the government yet the sanction never came. It is on record that the sanction was initially sought in 1981. This is admitted by the respondents.

(3.) THE only defence which comes in the counter affidavit of the State Government is that the sanction has not been granted. This is neither here nor there. This is not a case that the sanction had not been sought or that it was rejected.