IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.559 of 2010 DR.RAJENDRA PATI TRIPATHI S/O LATE DR. N.P.TRIPATHI, R/O TRIPATHI HOUSE PATNA DIGHA ROAD,MAKADUMPUR, P.S- DIGHA, PATNA-11, DISTT- PATNA, PRESENTLY POSTED AS READER IN THE DEPARTMENT OF GEOLOGY, PATNA UNIVERSITY, PATNA Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT.OF BIHAR, PATNA 2. THE PATNA UNIVERSITY THROUGH ITS REGISTRAR, PATNA UNIVERSITY, PATNA 3. THE VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA ----------- 02/ 17.05.2010 Heard counsel for the petitioner and counsel appearing for Patna University as well as the State. Petitioner is presently working as Reader in the department of Geology under Patna University. He was promoted to the post of Reader under the merit promotion scheme vide Memo No. G/2213 dated 26.11.2002 with effect from 21.11.1997. Petitioner’s case is that as per statute for time bound promotion of Lecturers to the post of Readers and for Readers to the post of University Professors, as approved by the Chancellor vide letter dated 24.12.1986 and amended on 20.11.1987 and the qualification as prescribed by the University Grant Commission, any Lecturer/Reader whosoever has completed 16 years of continuous service in one or more Universities shall on recommendation of the - 2 - Bihar State University (Constituent Colleges) Service Commission be promoted to the post of University Professors. Petitioner has completed 16 years of continuous service on 30.3.2004, as such, he claims his entitlement for promotion to the post of University Professor. Petitioner’s prayer is for a direction to the respondent- authorities of the University to send his name before the Screening Committee to scrutinize his suitability and qualification for promotion to the post of University Professor. Counsel for the petitioner submits that statute of time bound scheme was introduced on 24.12.1986 and amended on 20.11.1987. Subsequently time bound scheme was superseded in part by Career Advancement Scheme issued on 23.9.1995. Statute relating to Career Advancement School of 1995 did not repeal the time bound scheme of 1986 rather it only superseded part of 1986 statute. The Career Advancement Scheme of 1995, which starts with a non-obstinate clause ends with supercession of 1986 Statute and its’ two amendments dated 20.11.1986 and 28.11.1987, deals with only such provisions of 1986 Statute - 3 - which have specially been amended but part of the statute of 1986 time bound scheme, if specially not dealt with, have remained intact and operative. Since, in the Career Advancement Scheme of 1995 there is no provision for the promotion to the post of Professor, it means that the promotion to the post of Professor will be on the basis of time bound scheme of 1986, because the statute of 1986 has only been superseeded and not repealed. The promotion to the post of Professor will be held on the basis of 1986, time bound scheme. Petitioner’s case for promotion to the post of Professor is required to be considered on the basis of Time Bound Promotion Scheme. A short counter affidavit has been filed on behalf of University stating that since time bound promotion scheme ended on 23.9.1995 and merit promotion scheme ended on 20.7.2001, so the case of promotion of the petitioner to the post of University Professor cannot be considered under any of these two schemes. Petitioner’s application for promotion will be considered under the Career Advancement Scheme, as per the provision under the statute. In reply to this, petitioner’s counsel submits that the - 4 - stand taken by the University is unfounded and misconceived. The statue dated 23.9.1995 approved by the Chancellor vide letter no. 2133 related to the merit promotion of Lecturers as Readers and Readers as Professors. It is applicable to the case of such teacher who opted for merit promotion. The question relating to the time bound promotion to the post of Professor from post of Reader was considered by the respondents in the case of Sri Ram Padamdeo, a teacher of Botany department. While his case was being considered for promotion to the post of University Professor under the time bound scheme, a question arose for consideration whether 1995 statute superseded that part of 1986 statute relating to time bound scheme, which dealt with the promotion of Readers to the post of University Professors. A legal opinion was obtained by the University and on the basis of said opinion a clarification was sent to the Chancellor vide letter dated 10.12.1998, accepting this interpretation that vide 1995 statute only the statute for promotion of Lecturer to the post of Reader has been superseded and not the question of the statute for time bound promotion, from the post of Readers - 5 - to the post of University Professors. The legal opinion was that Dr. Sri Ram Padamdeo is entitled to be promoted as University Professor under the old statute approved on 24.12.1986 and amended on 20.11.1987, as it still exists and will exist. Counsel for the petitioner submits that petitioner is also entitled for consideration of his case in the similar manner as it has been done by the respondent-authorities of the University in the case of Sri Ram Padamdeo. His case is also liable to be considered in the light of the legal opinion obtained by the University in the case of Sri Ram Padamdeo. This application is being disposed of, directing the petitioner to represent his case before the Chancellor of the University, who will consider the case of the petitioner and allow him similar relief as it has been done in the case of Sri Ram Padamdeo. The case of petitioner must be considered and necessary orders passed within six weeks from the date of filing of representation by the petitioner. DKS/ (Mridula Mishra, J.)