Patna High Court
The State Of Bihar vs Ghanshyam Jha on 30 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.683 of 2023
In
Civil Writ Jurisdiction Case No.808 of 2019
======================================================
1. The State of Bihar through its Principal Secretary Human Resource
Development Department Govt. of Bihar,Patna
2. The Director Higher Education Department Govt. of Bihar, Patna.
... ... Appellant/s
Versus
1. Ghanshyam Jha Son of Late Harikant Jha Resident of Village-Maranchi
Khurd,P.S. Bachhawara,District-Begusarai, At Present Posted as Assistant
Professor in Sahitya Department of Saraswati Bilash Sanskrit Collge
Shokahara,Barouni,Begusarai
2. Indradeo Jha Son of Late Kamdev Jha Resident of Village-Dhuriakha,P.S.
Mufasil (Samastipur),District-Samastipur, At present Posted in Histrory
Department of Saraswati Bilash Sanskrit Collge Shokahara,
Barouni,Begusarai
3. Rudranand Jha Son of Late Visheshwar Jha Resident of Village-Hulash,P.S.
Raghopur, Dist.-Supoul. At Present Posted as Assistant Professor in
Vyakaran Department of Saraswati Bilash Sanskrit Collge Shokahara,
Barouni,Begusarai
4. Raj Kumar Jha Son of Late Gangadhar Jha Resident of Village-Rahimpur
rudouli,P.S.Mufasil (Samnastipur) District-Samastipur.At Present Posted as
Assistant Professor in Economics Department of Saraswati Bilash Sanskrit
College Shokahara, Barouni,Begusarai
5. Chandrabhushan Trivedi Son of Late Krishna Nand Trivedi Resident of
Village-Madhurapur,P.S. Teghra,District-Begusarai.At Present Posted as
Assistant Professor in Sanskrit College Shokahara, Barouni,Begusarai
6. Narayanj Upadhyay Son of Ramprapannacharaye, Resident of Village-
Basaukaia,P.S. Sikroul Lakh,District-Buxar.At Present Posted as Assistant
Professor in Sahitya Department of Shri Niwas Mukund Ramanuj Sanskrit
College, Basawankala,Buxar
7. Vashistha Narayan Ojha Son of Late Ramchandra Ojha Resident of Village-
Gadhiyan,P.S. Sikroul Lakh,District-Buxar. At present posted as Assistant
Professor in Political Science Department of Shri Niwas Mukund Ramanuj
Sanskrit College, Basawankala,Buxar
8. Hari Narayan Pandey Son of Late Rampujan Pandey Resident of Village-
Geruabandh, P.S. Itarhi, District-Buxar. At Present Posted as Assistant
Professor in Hindi Department of Shri Niwas Mukund Ramanuj Sanskrit
College, Basawankala, Buxar
9. Chhavinath Tripathi Son of Late Mahesh Tripathi Resident of Village-
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
2/13
Chikhuriya,P.S. Chenari,Dist.-Rohtas. At Present Posted as Assistant
Professor in Vyakaran Department of Shri Niwas Mukund Ramanuj Sanskrit
College, Basawankala, Buxar
10. Daya Shankar Tiwari Son of Late Raghunath Tiwari Resident of Village-
Tiwaripur,P.S. Barisar,District-Gajipur(U.P.). At Present Posted as Assistant
Professor in Sanskrit Department of Shri Niwas Mukund Ramanuj Sanskrit
College, Basawankala, Buxar
11. Raghu Nandan Jha Son of Late Dasharath Jha Resident of Village-
Jhandapur,P.S. Bihpur,Dist.Bhagalpur. At Present Posted as Assistant
Professor in Vyakaran Department of Goswami Lakshminath Madhusudan
Sanskrit College Bangawan,Saharsa.
12. Bal Ram Jha Son of Late Budhan Jha Resident of Village-Lalmanpatti,P.S.
Ratanpur,District-Supoul. At Present Posted as Assistant Professor in Jyotish
Department of Goswami, Lakshminath Madhusudan Sanskrit College,
Bangawan, Saharsa
13. Hari Mohan Khan Son of Late Ramsundar Khan Resident of Village-
Bangawn,P.S. Bangawn,District-Saharsa. At Present Posted as Assistant
Professor in Maithili Department of Goswami Lakshminath Madhusudan
Sanskrit College, Bangawan, Saharsa
14. Gulab Chandra Mishra Son of Late Bhallar Mishra Resident of Village-
Lagma Rambhadrapur,P.S. Sakatpur,Dist.-Darbhanga. At Present Posted as
Assistant Professor in Sahitya Department of Kirti Narayan Kamakhya
Sanskrit College Maharail, Madhubani
15. Khelanath Jha Son of Late Medhanath Jha Resident of Village-Raiyam,P.S.
Bhairawsthan,District-Madhubani. At Present Posted as Assistant Professor
in English Department of Kirti Narayan Kamakhya Sanskit College
Maharail, Madhubani
16. Nagedndra Kumar Jha Son of Late Rameshwar Jha Resident of Village-
Ranipur,P.S. Benipatti,District-Madhubani. At Present Posted as Assistant
Professor in Engilish Department of Devshnakar Haldhar Chaudhary
Sanskrit College Chanpura, Madhubani
17. Shivchandra Jha Son of Late Maneshwar Jha Resident of Village-
Sarisav,P.S. Benipatti,Disttict-Madhubani. At Present Posted as Assistant
Professor in Vyakaran Department of Devshankar Haldhar Chaudhary
Sanskrit College Chanpura, Madhubani
18. Pramod Kumar Jha Son of Late Ramlakhan Jha Resident of Village-Piprahi
Punarwas,P.S. Purnahiya,Dist. Sitamadhi. At Present Posted as Assistant
Professor in Political Science Department of Gurukul Sanskrit College
Bairgania, Sitamadhi.
19. Neelambar Jha Son of Late Rewati Kant Jha Resident of VillageTelhara
Kala,P.S. Kundwa Chaipur,District-East Champaran. At Present Posted as
Assistant Professor in Vyakaran Department of Sanskrit College Rosera
(Samastipur)
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
3/13
20. Suresh Mishra Son of Late Eknath Mishra Resident of Village-
Gharwara,P.S. Supi,District-Sitamarhi. At Present Posted as Assistant
Professor in Sahita Department of Gurukul Sanskrit College Bairgania,
Sitamarhi.
21. Umanath Rai Son of Late Gangadhar Rai Resident of Village-Dharha,P.S.
Rosera,District-Samastipur. At Present Posted as Assistant Professor in
Vyakaran Department of Sanskrit College Rosera (Samstipur)
22. The Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through
its Registrar.
23. The Vice -Chancellor Kameshwar Singh Darbhanga. Sanskrit University,
Darbhanga
24. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 690 of 2023
In
Civil Writ Jurisdiction Case No.250 of 2019
======================================================
1. The State of Bihar.
2. The Additional Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Higher Education, Education Department, Govt. of Bihar,
Patna.
... ... Appellant/s
Versus
1. Balram Pandey son of Late Dhanushdhari Pandey, Resident of Village
Jaitiya, P.O.-Jaitiya, P.S.-Chanpatiya, District-West Champaran.
2. The Kameshwar Singh Darbhanga Sanskrit University Kameshwar Nagar,
Darbhanga through its Vice Chancellor.
3. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
5. The Secretary, Harihar Sanskrit College, Bakulahar Math, Chanpatiya,
District-West Champaran.
6. The Principal Harihar Sanskrit College, Bakulahar Math, Chanpatiya,
District-West Champaran.
... ... Respondent/s
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
4/13
======================================================
Appearance :
(In Letters Patent Appeal No. 683 of 2023)
For the Appellant/s : Mr. Sarvesh Kumar Singh, AAG- 13
Mr. Ravi Kumar, A.C. to A.A.G.13
For Respondent Nos. 1 to 21 : Mr. Sanjeev Kumar Jha, Advocate
For the KSDS University : Mr. Nagendra Kumar Singh, Advocate
(In Letters Patent Appeal No. 690 of 2023)
For the Appellant/s : Mr. Sarvesh Kumar Singh, Sr. Advocate
Mr. Ravi Kumar, A.C. to A.A.G.13
For the Respondent/s : Mr. Prashant Sinha, Advocate
Mr. Satish Kumar Pandey, Advocate
For the KSDS University : Mr. Nagendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 30-04-2025
Both the appeals preferred on behalf of the
State have been taken up together and are being
disposed off by this common judgment.
2. We have heard the learned counsel for the
parties.
3. Several of the teachers of private degree
colleges had come before this Court vide different writ
petitions seeking a direction to the State to release funds
to the University, which could be utilized for paying their
salaries.
4. In almost all the writ petitions, positive
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
5/13
orders were passed, but to no avail.
5. A learned Single Judge, hearing the writ
petitions, later found that an amendment has been
brought about in the year 2015 in the Bihar Universities
Act, 1976 (in short the Act of 1976 ), modifying Section
57-A of the Act and adding sub-Section 6, which reads as
follows:
"The Selection Committee,
subject to this Act, will complete the
scrutiny of the cases of the teachers of the
affiliated degree colleges appointed prior to
19.04.2007
, without the recommendation
of the Bihar College Service Commission
on the basis of qualifications in force at the
time of appointment of such teachers up to
31.03.2017, otherwise, such appointments
will not be treated valid. Thereafter, the
Governing Body of the college will accept
the names recommended by the Selection
Committee, which shall be finally approved
by the concerned University.
Distribution of the amount of
grant of the State Government will be
made across the teachers in the concerned
affiliated degree colleges by its Governing
Body up to 31.03.2017.”
6. The time limit was further extended to
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
6/13
31.03.2018.
7. It was further found out by the learned
Single Judge that most of the petitioners had been
appointed in private colleges based on the
recommendations of the Governing Body of such colleges.
All such colleges were affiliated with the respective
Universities. However, their appointments did not have
the sanction/approval of the Bihar College Service
Commission.
8. With the Bihar College Service Commission
having been dissolved, a new body, viz., Selection
Committee at the College Level was introduced for
making recommendations with regard to appointment of
teachers of the affiliated degree colleges under the Act of
1976, as amended from time to time.
9. Most of the writ petitioners were being paid
their salaries till 2012 on the basis of deficit grant as also
grant against performance of the students of the college
in the academic year.
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
7/13
10. There were many colleges having teachers
and non-teaching staff, which were not being funded by
the State. It was only later in the day that the education
policy, especially with respect to the grant of finances to
the colleges underwent a paradigm shift in the State of
Bihar and the Government decided to make available
grants to all colleges, especially for the purposes of
payment of salaries to the teachers and staff.
11. However, to implement that, it required to
be ascertained as to which of the teachers were appointed
on the recommendation of the Governing Body and were
allowed to continue to teach in such colleges later, but
without the approval of the Bihar College Service
Commission.
12. Be it noted that the initial appointment of
such teachers in private colleges were made with a
condition that such appointment would be valid only for
six months and any further extension of the service of
such teachers would be based on the recommendation of
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
8/13
the Bihar College Service Commission.
13. This provision was completely ignored for
a good number of years. It was later found that there
were many teachers whose appointments were not
confirmed by the Bihar College Service Commission. The
Government also took into account that so many private
institutions had come up only for the reason that the
Government had stopped opening colleges. These
colleges were started by the efforts of private persons and
at the time when the policy of the State of Bihar was
undergoing change, these colleges had infrastructure,
teachers and teaching staff. In this context, it was
understood by the Government that it would only be
easier for the State to carry out the new education policy
specially with respect to grant of finances, by using the
infrastructure and the faculty of such colleges which were
existing. It was for this reason that it was resolved that
instead of Bihar College Service Commission, a new body,
called Selection Committee at College Level, would be
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
9/13
and was introduced for completing the work of Bihar
College Service Commission, viz., providing
recommendation with respect to appointment of teachers
of the affiliated degree colleges under the Act of 1976.
14. Most of the Selection Committee at
College Level carried out the process of scrutinizing the
cases of teachers and submitted a report to the Governing
Body, which had to be accepted by such Governing
Bodies. The Governing Bodies, in turn, had to send
requisition to the State for the release of grant. This was
the process which was evolved for carrying out the policy
of giving grant to the private degree colleges affiliated to
the Universities.
15. It was only much later, while the writ
petitions were being decided, that a counter affidavit
having been sworn by the Director of Education was filed
which inter alia declared that the amendment in 2015 in
Section 57-A of the Act of 1976 was only limited for such
institutions/colleges which were getting grant from the
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
10/13
Government against the performance of the students in
an academic year. This interpretation was obviously for
withholding grant to other degree colleges, which hitherto
had been receiving the deficit grant for a long time.
16. The learned Single Judge, on a perusal of
the preamble of the Amending Act of 2015, referred to
above, found that though the introduction talked about
Resolution No. 1846 dated 21.11.2008, which primarily
dealt with such institutions which were getting grant
against performance of students, but the amendment was
brought about only on the assessment of the State that
many of the teachers working in private degree colleges
for long duration, who were appointed by the Governing
Body of such colleges, were not being paid only for the
reason that their services were not confirmed by the Bihar
College Service Commission.
17. However, since the Commission had been
dissolved, the defect could not have been remedied and,
therefore, it was decided to have an another body called
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
11/13
Selection Committee at College Level, about which
reference had been made earlier.
18. The last part of the amendment, viz., the
introduction of sub-Clause 6 in Section 57-A of the Act of
1976, clearly demonstrates that such change in the policy
of the Government was with respect to teachers of private
degree colleges affiliated to Universities across the board.
Some were not getting grant from the Government and
some others were getting deficit grant or grant against
performance.
19. Since by the amendment in sub-Clause 6
of Section 57-A of the Act of 1976, it was declared that
the distribution of the amount of grants sanctioned by the
State Government will be made amongst the teachers of
the concerned affiliated degree colleges by its Governing
Body up to 31.03.2017, which was later extended till
31.03.2018, the learned Single Judge categorically held,
and in our opinion, rightly so, that for grant of finances,
the distinction between colleges getting deficit grant and
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
12/13
colleges getting grant against performance was absolutely
unwarranted and uncalled for. This distinction only
reflected the blinkered approach of the Department.
20. Thus, the teachers of all the affiliated
degree colleges appointed prior to 19.04.2007 were
covered by the Amending Act of 2015 and the distinction
which was carved out by the State of limiting this benefit
only for teachers of such degree colleges which were
getting grant against performance of the students in such
colleges, is not only illusory but iniquitous.
21. The State, thus, and as held by the
learned Single Judge would be under an obligation to
release the grant to the concerned Universities for further
distribution of salary and other allowances to the writ
petitioners. It was also clarified by the impugned
judgment that those teachers who had retired shall also
be granted their due pensionary benefits in terms of the
U.G.C. pay scale. This exercise was to be conducted
positively within a period of one month.
Patna High Court L.P.A No.683 of 2023 dt.30-04-2025
13/13
22. We endorse the same but considering the
gigantic exercise which would be required to be executed,
we are of the view that the time of one month for
completing the entire exercise would be too short.
23. We, therefore, modify the judgment to the
extent that the entire exercise shall be conducted and
concluded within a period of three months from the date
of passing of this order.
24. With the afore-noted modification in the
judgment impugned in the present set of appeals, both
the appeals stand disposed off accordingly.
25. Interlocutory application/s, if any, also
stand disposed off accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sauravkrsinha/
Praveen-II-
AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2025 Transmission Date NA
[ad_1]
Source link