ANCHILK BHASHA VIKASH SAMITTEE Vs. CHANCELLOR RANCHI UNIVERSITY

JUDGEMENT

(1.) The admitted position remains in the case is that for advancement and development of the regional and tribal languages in the University level on the principles of Constitution of India for its development in the year 1969, Nagpuria Shaha Parishad met in a delegation to the Vice-Chancellor of Ranchi University and impressed upon him to introduce regional and tribal languages in the University. The Chotanagpur area of the State of Bihar is mainly inhabited by the tribal people more specially the original district of Ranchi which is now bifurcated in three districts namely, Ranchi, Lohardaga and Gumla. These inhabitants whose language culture and scripts are altogether different than the main stream of India. By industrial progress and its impact on the society, it was necessitated the migration of different race, castes and communities who then settled down in this place, but inspite of such progress, the identity, languages and culture of the Scheduled Tribes remained intact. The framers of the Constitution made a solemn proclamation to cater the needs of the tribal who are definitely economically weaker Section of the society and it was felt that advancement of all sphere of life more specially to protect the educational needs of the Tribal people, the tribal language should be propagated and as such in the year 1969 i.e. on 5th December, 1969, the Academic Council of the Ranchi University and its senate approved to constitute a Syllabus Board for imparting education in the tribal language of Nagpuri, Oraon and Mundari and laid down criteria for selection of Teachers in regional and tribal languages. On 27th August, 1970, the then Chancellor had approved the criteria of the selection of teachers in regional and tribal languages and syllabus and for that the Chancellor was pleased to include the languages of Nagpuri, Kurtikh and Mundari in the Regional and Tribal Language Department in the Statute of Ranchi University. Teaching was introduced to impart education in tribal languages in phase manner. In August, 1971, teaching of regional and tribal languages had been started initially at the Intermediate level for the Session 1971-73 and then the Chancellor inaugurated the Tribal and Regional Language Department being a separate department in the University. In July, 1975, a meeting was convened by the then Vice Chancellor of the Ranchi University to make out a further syllabus for prescribing of regional and tribal languages in graduate level and started the teaching of the same at the graduate level in the Ranchi University. The matter was referred to the University Grants Commission and the same was approved. A Seven Member Committee was constituted by the Chancellor in the year 1977 and that Committee recommended that a separate and independent department for development and advancement of tribal and regional languages be opened and necessary steps should be taken immediately for appointing the existing Lecturers and there was also a resolution for imparting education of tribal languages in 17 Colleges of the Ranchi University. The committee also suggested for creation of required posts of Lecturers, Readers and Professors with the Government. It also recommended that the teachers who are part time and/or temporary taking classes or are engaged for the teaching on the subjects above be further absorbed as fulfledged permanent teachers.

(2.) Dr. Kumar Suresh Singh, the then Vice-Chancellor of Ranchi University by his letter dated 12-5-1980 asked the Registrar to take immediate action for implementing the decision of the High Powered Committee as mentioned above. The recommendations of the said High Powered Committee were:-

(3.) In the counter-affidavit filed on behalf of the respondents No. 5 and 6, it has been stated that only on the ground that the petitioners were working for the last several years, there cannot be any question of absorption regularisation against tru' regular sanctioned post as the same is against the provision of the Bihar Universities Act and the Statutes. According to the State Government, the petitioners have been appointed without public advertisement and in clear violation of Sections 35, 57, 57-A and 58 of the Bihar State Universities Act. When the Bihar State University (Constituent College) Service Commission Act, 1987, came in force as per amendment up-to-date, the petitioners being on ad hoc or temporary appointments are eligible to appear in the written test to be conducted by the Commission if they fulfil the norms of the qualifications and get their regular appointments accordingly against the sanctioned posts. The State Government was very much justified in making the posts advertised vide Annexure-19 and also on subsequent dates for filling up the posts by public advertisements. It appears that while considering the stay matter regarding the advertisement for appointment of the Lecturers, this Court passed an order dated 23-5-1995 in the following manner:-