NAGENDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BARIN Ghosh and Ajay Kumar Tripathi,J 1. On 18th October, 1976, the Government came out with a policy whereby and under it decided that the colleges imparting Up-Shashtri Course for two years duration shall be entitled to appoint eight teachers. The Government, however, did not prescribe as to teach what subjects, how many of such teachers may be appointed. In the said policy decision dated 18th October, 1976, the Government at the same time prescribed that the colleges imparting Shashtri Course of three years duration shall be entitled to engage 10 teachers. It added that of those 10 teachers, two shall be engaged for imparting education in Sahitya, two for Vyakaran and two for other Shashtra subjects and the remaining four shall be Non-Sanskrit teachers. There is no dispute that Veda is one of the Shashtra subjects. The said policy dated 18th October, 1976 did not clarify as to how many teachers may be appointed by a college imparting both Up-Shashtri Course as well as Shashtri Course. On 30th January, 1979, the Government clarified the issue. It prescribed that when a college is imparting both Up-Shashtri Course and Shashtri Course, it shall be entitled to appoint additional one more teacher for each Shashtra Subject, and if it is also imparting Honours Course in each Shashtra Subject, it shall be entitled to engage one more teacher for such Shashtra Subjects, provided of course prior permission to appoint such additional teacher has been obtained.

(2.) A combined reading of these two decisions of the Government dated 18th October, 1976 and 30th January, 1979 will amply clarify that a college imparting Up-Shashtri Course as well as Shashtri Course is entitled to appoint 10 teachers in terms of the directions contained in the Government policy dated 18th October, 1976 and also additional one more teacher for each Shashtra Subject and if the college is imparting Honours Course in such subject, a further (sic) teacher. However, for that matter, prior sanction of the Government is required to be obtained. Therefore, a college which is imparting education in Up-Shashtri Course as well as Shashtri Course, it is, in the normal circumstances entitled to appoint 10 teachers; of whom, two shall be appointed for Shashtra Subject and, on permission having obtained from the Government, shall be entitled to appoint one additional teacher for each Shashtra Subject.

(3.) SUBSEQUENTLY, one Abhiram Choudhary was appointed by the college as a Sahitya teacher in the second post that was available to the college. This appointment created the conflict in between the appellant and the said Abhiram Choudhary. On 17th May, 1989, an order was passed granting approval to pay the salaries of the appellant for the months of September, 1986 to March, 1989 against the post of Lecturer in Sahitya. As a result, the appellant was treated as the second Lecturer in Sahitya. By reason thereof Abhiram Choudhary, who was appointed as the second teacher in Sahitya, was denied payment of his salaries. This compelled Abhiram Choudhary to approach this Court by filing a writ petition, which was registered as CWJC No. 5318 of 1989.