KALI KINKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the validity of the order dated 14-10-1977 (annexure-1) passed by the Principal, Doranda College, Ranchi, refusing to allow him three advance increments. Challenge has also been made to the order dated 24-3-1976 (annexure-2) passed by the Joint Secretary, Department of Education, Government of Bihar, stating that those teachers who obtained Ph. D. degree after 1-4-1975 would not be allowed research allowance.

(2.) In 1954, the petitioner graduated from the Bihar University securing second class honours in Hindi. He also obtained second class Masters degree in the same subject in the year 1956. He was appointed as a Lecturer in the depart ment of Hindi in the Doranda College, a constituent college of the University. This was made in the year 1970 on ad hoc basis. Pursuant to an advertisement of the University Service Commission, the petitioner successfully competed and was duly recommended by the Commission for appointment as a Lecturer, in the said college in the department of Hindi some time in May 1972. Later in the year 1976, he obtained Ph. D. degree from the Ranchi University for which the result was published in 22-3-1976,

(3.) For appointment as a lecturer in the college, at the time when the petitioner had applied for such appointment the criteria for eligibility has prescribed in Chapter XVIII of the Ranchi University Statutes. Article 320 (e) reads as follows : "Lecturer : (200-750) At least a second class Master's degree ordinarily in the subject concerned, of an Indian University or an equivalent qualification of a foreign university, or research degree of the doctorate standard. In case of Tribal languages either a second class Master's degree in the language concerned or a second class Master's degree in Arts, Science, Commerce or Education and having the language concerned as mother tongue and preferably some experience of teaching the language." Article 231 (i) of chapter XIV of the Statutes provides that : "a lecturer in the employment of the University on whom is conferred the degree of Ph. D., D. Sc. or D. Litt. shall be allowed to draw three advance increments from the date of notification of his result and these increments shall merge in the pay and form part of it, provided."(the proviso is not relevant for this case.)