DINESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioners alleging that as respondent No. 4, Dr. Parmeshwari Prasad Jha (hereinafter referred to as 'the said respondent') has completed 60 years of age on 31st of August, 1988 he cannot continue as Director, Research, Rajendra Agriculture University (hereinafter referred to as 'the University').

(2.) There is no dispute that the said respondent in normal course would have superannuated having completed 60 years of age, but the stand of the respondent - University as well as of the respondent aforesaid is that he shall be deemed to be a teacher within the meaning of the Bihar Agricultural University Act, 1987 (hereinafter referred to as 'the said Act'). It is an admitted position that if the said respondent is held to be a teacher within the meaning of the said Act he shall superannuate only after he completes 62. years of age in view of Statute 13.3. (2) of Chapter XIII of the Statutes of the Rajendra Agricultural University. That amended statute says as follows : -

(3.) On behalf of the petitioners it was pointed out that from bare reference to Section 24(4) and Section 26 of the Act it shall appear that a Director, Research, neither imparts any instruction nor conducts or guides any research so as to be held as a teacher within the meaning of Section 2 (XXVIII) of the Act. The relevant part of Section 24(4) of the Act is as follows : -