HEM CHANDRA MALKANI Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) These six writ petitions involve common questions and were, therefore, heard together and are being disposed of by this common judgment. The petitioners in C.W.J.C. No. 1873 of 1991 (R) are lecturers in Commerce in Shree Satguru Jagjeet Singh Namdhari College, Garhwa. The petitioners in CWJC No. 1963 of 1990 (R) are also lecturers of the same College i.e. Satguru Jagjeet Singh Namdhari College, Garhwa, in different subjects like Chemistry, Botany, History, Political Science and Physics. The petitioners in C.W.J.C. No. 695 of 1990 (R) are lecturers of the said College in the Department of Economics, Urdu and English. The petitioner in C.W.J.C. No. 1354 of 1990 (R) are lecturers of the said College in Anthropology, Chemistry and Commerce. The petitioner in C.W.J.C. No. 1340 of 1990 (R) is lecturer in Zoology of the said College and the petitioner in C.W.J.C. No. 1433 of 1990 (R) is a lecturer in History in the said College.

(2.) It is the common case of the petitioners that they have been appointed by the Governing Body of the College against sanctioned posts prior to the College becoming a constituent College. The College became a constituent College with effect from 1.4.1987 pursuant to the notification dated 12.5. 1985. On 26.7.1991 the Respondent No. 4, Finance Officer, Ranchi University, Ranchi, issued a direction to the Principal of the College, Respondent No. 5, not to make any payment to the teaching and non-teaching employees of the College beyond 10 teachers on the assumption that those teachers are working against unsanctioned posts without any financial assistance. The aforesaid letter from Respondent No. 4 to Respondent No. 5 has been annexed as Annexure-15 in C.W.J.C. No. 1873 of 1991 (R). As a result of the said letter, though the petitioners were drawing their salary since the date of the College becoming a constituent College, but were denied of any salary since July, 1991. The petitioners, therefore, have approached this Court for quashing of Annexure-15, inter alia, on the ground that the petitioners having duly appointed against the sanctioned posts prior to the College becoming a constituent College, the State Government as well as the University having accepted this position, the impugned order under Annexure-15 has been passed on erroneous assumption that the appointments have been against non-sanctioned posts and, therefore, the same is invalid and in-operative.

(3.) Broadly the case of each of the petitioner is that the State of Bihar has granted affiliation to the College up to the degree standard. On account of increase in the strength of the students, the Principal of the College had requested the State Government for sanction of additional posts. The Principal, under the orders of the Governing Body, issued advertisement inviting applications from the suitable candidates for filling up the posts. On receipt of such applications, the candidates were required to appear at an interview. The successful candidates in the interview were ultimately appointed to the posts of lecturers in different subjects on different dates, whereafter they joined and started teaching in the College. On 3.7.1987, the Deputy Secretary, Government of Bihar, in the department of Education, addressed a letter to the Vice Chancellors of Bhagalpur, Ranchi and Lalit Narayan Mithila Universities intimating the Government decision to make the three Colleges as constituent Colleges and simultaneously it was also directed that a list of teachers appointed in the College be prepared to be scrutinised by a Committee for facilitating the regularisation of the services of the teachers. The State Government also called upon the Universities to take over control and administration of the College by 31.7.1987. In the aforesaid letter, which has been annexed as Annexure-6 in C.W.J.C. No. 1873 of 1991 (R), it was unequivocally indicated that the posts which have been sanctioned by the University before 16.8.1976 would be treated as legally sanctioned posts; the posts sanctioned by the State Government after 16.8.1976 either with or without financial assistance would be deemed to be legally valid and sanctioned post and all applications filed till 31.3.1987 for creation and sanction of posts pending with the Government in the Education Department as well as the applications for regularisation of services of the teachers would be decided on the basis of the report of a three-member Committee and until a final decision is taken by the State Government, all teaching and non-teaching employees will be paid their minimum pay and dearness allowance and their appointment should be treated as Ad-hoc. Further case of the petitioners is that the State of Bihar through its Deputy Secretary in the Department of Education informed the Registrar of Ranchi University by letter dated 13.11.1987, which has been annexed as Annexure-8 that the Government has sanctioned 51 posts of lecturers without any financial assistance. The Governing Body then took a decision in its meeting dated 21.12.1987 to hand over the College with all its assets and liabilities to the University. On 11.2.1988 under Annexure-9, the Secretary, Bihar College Service Commission, constituted under Bihar College Service Commission Act, 1976, intimated the State Government of its temporary concurrence for a period of one year from the date of joining the post by the teachers or from the date of creation of the post whichever is later in accordance with Sub-section (11) of Section 2 of Bihar College Service Commission Act, 1976, provided the College has got affiliation of the University. It was also indicated that this concurrence will have no effect if the College has already been taken over and has become a constituent College. The Registrar of the Ranchi University then by its letter dated 25.4.1988 intimated the fact of taking over of the College and then a notification was issued on 12.5.1988, which has been annexed as Annexure 10/2 indicating that Sadguru Jagjit Singh Namdhari College, Garhwa, has been taken over as a constituent unit of Ranchi University with effect from 1.4.1987. Ranchi University through its Registrar, by letter dated 23rd December, 1988, which has been annexed as Annexure- 11, intimated the Principal of the College that the teaching and non-teaching staff of the College have been provisionally accepted subject to verification in due course, and the Vice-Chancellor has been pleased to direct that the employees shall be paid two months salary out of the College fund. In that letter a list of teachers was given some against sanctioned posts and some against recommended posts. The Registrar, Ranchi University, then notified the University level Scrutiny Committee to scrutinise the appointment of teaching and non-teaching staff of S.S.J.S.N. College, Garhwa, fixing a meeting of the Committee at the residence of the Vice Chancejlor on 17th June, 1989. Further case of the petitioners is that the said Scrutiny Committee recommended the case of the petitioners in its recommendation dated 23.1.1990 but the State Government, instead of accepting the same and the University instead of making payment, the impugned order dated 26.7.1991 (Annexure-15) emanated, as a result of which the petitioners were forced to approach this Court. According to the petitioners, they have been appointed by the Governing Body prior to the College becoming a constituent College against sanctioned posts and their appointments having been found to be valid appointment by the University level Scrutiny Committee, there was no option for the State Government not to regularise the services and the University was wholly without jurisdiction in prohibiting payment of their salary. It was further contended that at any rate when the petitioners have been rendering services by way of teaching the students, not being intended to be a gratious one, the direction of the University under Annexure-15 prohibiting payment of salary is wholly unsustainable in law.