LAWS(PAT)-2009-1-56

SATISH CHANDRA JHA Vs. STATE OF BIHAR

Decided On January 13, 2009
SATISH CHANDRA JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) PETITIONERS in ail these writ applications are Heads of Department in different subjects in the Post - Graduate Departments of the respondents Universities and their prayer is to declare Sections 3, 4 and 6 of the Bihar State University (Amendment) Act, 2008 (Bihar Act, 16 of 2008) substituting subclause (ii) in Section 26(6), inserting Clauses 3 and 4 after Section 26(6)(ii) and adding sub - section (7) after Section 36 (6) of the Bihar State Universities Act, 1976 (Bihar Act, 23 of 1976) respectively as ultra vires. Facts lie in a narrow compass.

(2.) ALL the petitioners are presently holding the office of the Heads of Department in different subjects in the Post - Graduate Departments of the respondents - Universities. It is not in dispute that the post of Head of Department as such does not exist with specific scale of pay, but there are several privileges attached to it. Prior to coming into force of the provisions under challenge Head of Department, ordinarily used to be the seniormost teacher in the subject. Section 26(6) of Bihar Act, 23 of 1976 before its amendment by Sections 3 and 4 of the Bihar Act 16 of 2008, read as follows: -

(3.) SECTION 4 of Bihar Act 16 of 2008 provided for addition of new clauses (iii) and (iv) after 26(6)(ii) of Bihar Act, 23 of 2008, same read as follows: -