IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1530 of 2009 1. RAJENDRA AGRICULTURAL UNIVERSITY, PUSA (SAMASTIPUR), BIHAR, THROUGH ITS REGISTRAR HAVING ITS HEAD QUARTERS AT PUSA, P.S.- PUSA, P.O.- PUSA, DISTT.- SAMASTIPUR 2. THE VICE CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR AT PUSA, P.S.- PUSA, P.O.- PUSA, DISTT.- SAMASTIPUR 3. THE REGISTRAR RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR AT PUSA, P.S.- PUSA, P.O.- PUSA, DISTT.- SAMASTIPUR 4. THE DIRECTOR, ADMINISTRATION RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR AT PUSA, P.S.- PUSA, P.O.- PUSA, DISTT.- SAMASTIPUR. ………RESPONDENTS- APPELLANTS Versus 1. VIJAY KUMAR S/O LATE L.P. SINGH R/O VILL.- MAHMADA, P.S.- PUSA, DISTT.- SAMASTIPUR, PRESENTLY POSTED AS DEMONSTRATOR AT RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR 2. RAJEEV RANJAN S/O LATE S. THAKUR PRESENTLY POSTED AS TECHNICAL ASSISTANT, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR 3. ARUN KUMAR S/O LATE SHATRUGHAN THAKUR PRESENTLY POSTED AS SENIOR TECHNICAL ASSISTANT, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 4. SUSHIL KUMAR S/O SRI JAGDISH SINGH PRESENTLY POSTED AS JUNIOR RESEARCH ASSISTANT, SUGARCANE RESEARCH INSTITUTE, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 5. SMT. RITA MEHTA D/O SRI P.P. SINGH PRESENTLY POSTED AS SENIOR TECHNICAL ASSISTANT, HOME SCIENCE COLLEGE, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 6. SUNIL KUMAR S/O LATE SURENDRA SINGH PRESENTLY POSTED AS AGRICULTURAL 2 INSPECTOR, SUGARCANE RESEARCH INSTITUTE, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 7. NARESH KUMAR AZAD S/O BALYODAYA AZAD PRESENTLY POSTED AS TECHNICAL ASSISTANT, SUGARCANE RESEARCH INSTITUTE, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 8. BIRENDRA KUMAR SINGH S/O SRI RAJMANGAL SINGH PRESENTLY POSTED AS AGRICULTURE INSPECTOR, SUGARCANE RESEARCH INSTITUTE, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 9. PARMANAND JHA S/O LATE A. N. JHA PRESENTLY POSTED AS AGRICULTURE INSPECTOR, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 10. NIROJ KUMAR GHOSH S/O LATE M. P. GHOSH PRESENTLY POSTED AS TECHNICAL ASSISTANT, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, P.S.- PUSA, DISTT.- SAMASTIPUR 11. SRI VINOD KUMAR SINGH S/O SRI RAMCHARAN SINGH PRESENTLY POSTED AS TRAINING ASSISTANT, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, P.S.- SAKRA, DISTT.- MUZAFFARPUR 12. SRI VEERESH KUMAR S/O SRI CHANDRASHEKHER PRASAD THAKUR PRESENTLY POSTED AS TRAINING ASSISTANT, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, P.S.- SAKRA, DISTT.- MUZAFFARPUR 13. SRI MANOJ KUMAR S/O DR. B. RAI PRESENTLY POSTED AS RESEARCH ASSISTANT, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, P.S.- SAKRA, DISTT.- MUZAFFARPUR 14. RAMASHANKAR PRASAD SINGH S/O LATE S.N. PRASAD SINGH PRESENTLY POSTED AS RESEARCH ASSISTANT, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, P.S.- SAKRA, DISTT.- MUZAFFARPUR 15. ANIL KUMAR SHARMA S/O SRI ARJUN SHARMA R/O VILL.- MAHAMADPUR, P.S.- KAZISARAI, DISTT.- JEHANABAD, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 16. VINOD KUMAR S/O LATE BASUDEO SHARMA R/O VILL.- NAGLA HIRA, P.S.- IGLAS, DISTT.- ALIGARH, PRESENTLY POSTED AS TECHNICAL 3 ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 17. VIJAY KUMAR SINGH S/O LATE RAJENDRA PRASAD SINGH R/O VILL.- SUDHA, P.O.- PERSA, P.S.- PERSA, VIA- PHATUA, DISTT.- PATNA, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 18. SHAILENDRA KUMAR SINGH S/O LATE SHEO NARAIN SINGH R/O VILLAGE AND P.O.- BHAGWANA (DAKHIN TOLA), P.S.- SISWAN, VIA- MUHAMMADPUR, DISTT.- SIWAN, PRESENTLY POSTED AS RESEARCH ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 19. KUMAR RAJESH RAMAN S/O SRI RAMESHWAR PRASAD SINGH R/O VILL.- KHANKITTA, P.S.- SABOUR, DISTT.- BHAGALPUR, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 20. MAHESH PRASAD RAI S/O LATE NAND KISHORE ROY R/O VILL.- SAHURI, P.S.- PUSA, VIA- MUHAMMADPUR, DISTT.- SIWAN, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 21. RAJ KUMAR GUPTA S/O SRI JAGESHWAR PRASAD R/O VILL.- SARANGI, P.S.- BHAGWANPUR, P.O.- BANDEY, DISTT.- VAISHALI, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 22. MANSHER LAL S/O LATE MUNSI PRASAD R/O VILL.- SAMASTIPUR MURILA, P.S.- PIPRAIZ, P.O.- PIPRAICH, DISTT.- GORAKHPUR, PRESENTLY POSTED AS RESEARCH ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 23. PREM SHANKER DUBEY S/O LATE PURUSOTHAM R/O VILL. & P.O.- BHARAWLI, VIA- BARHALGANJ, P.S.- BARHALGANJ, DISTT.- GORAKHPUR, PRESENTLY POSTED AS RESEARCH ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 24. GIRIJA SHANKAR YADAV S/O SRI FAUJDAR RAM YADAV R/O VILL.- CHHOTI KHAJURI, P.S.- MIRZAMURAD, P.O.- MIRZAMURAD, DISTT.- VARANASI (U.P.), PRESENTLY POSTED AS 4 TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 25. HEMANT KUMAR SINGH S/O LATE DOMAN SINGH R/O VILL.- GAUTAM BUDDHA COLONY, P.S.- TALKAMANJHI, DISTT.- BHAGALPUR, PRESENTLY POSTED AS RESEARCH ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 26. MANNU MISHRA D/O LATE AYODHYANATH MISHRA R/O VILL.- SABOUR, P.S.- SABOUR, DISTT.- BHAGALPUR, PRESENTLY POSTED AS RESEARCH ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 27. GHANSHYAM SINGH S/O LATE KHAJAN SINGH R/O VILL.- NAGOLA HAVELI, DAYALBAGH, AGRA, P.S.- AGRA, DISTT.- AGRA, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 28. AMARESH BHADUR SINGH S/O RAM KEWAL SINGH R/O VILLAGE & P.O.- KOLAHANPUR BISEN, P.S.- NAWABGANJ, DISTT.- GONDA, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 29. BISHWAMITRA SINHA S/O SRI RAJENDRA PRASAD R/O VILL.- PANCHSIL NAGAR, P.S.- BARH, DISTT.- PATNA, PRESENTLY POSTED AS TECHNICAL ASSISTANT AT BIHAR AGRICULTURE COLLEGE, SABOUR, BHAGALPUR 30. RAJ KUMAR S/O RAM CHANDRA CHOUDHARY R/O VILL.- DHANE GORAUL, P.S.- GORAUL, DISTT.- VAISHALI, PRESENTLY POSTED AS DEMOSTRATOR AT S.G.I.D.T., PATNA. ..WRIT PETITIONERS/RESPONDENTS 1ST SET. 31. THE STATE OF BIHAR THROUGH AGRICULTURE PRODUCTION COMMISSIONER DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA 32. THE AGRICULTURE PRODUCTION COMMISSIONER DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. ……….RESPONDENTS 5 & 6 …… RESPONDENTS 2ND SET ----------- 5 For the appellants: Mr. D.K.Sinha, Sr. Advocate Mr. Anil Upadhyaya, Advocate For the respondents: Mr. Vinod Kanth, Sr. Advocate Mr. Mukul Sinha, Mr. Anand K. Ojha, Advocates --- 2 13/5/2010 Heard Mr. D.K.Sinha, learned senior counsel, along with Mr. Anil Upadhyaya, learned counsel for the appellants and Mr. Vinod Kanth, learned senior counsel, along with Mr. Mukul Sinha and Mr. Anand K. Ojha, learned counsel for the respondents. Though this matter was listed for admission, yet on consent of learned counsel for the parties it is finally heard. In this intra-court appeal the defensibility of the order dated 28.10.2009 passed by the learned Single Judge in CWJC. No.12556 of 2009 is called in question. It is submitted by Mr. Sinha, learned senior counsel for the appellants, that the learned Single Judge has fallen into grave error by directing that 50% of the vacant posts should be filled up through direct recruitment and 50% by way of promotion/absorption as provided under Clause 14.1(b) of the statute. It could not have been so directed even on consent inasmuch as the said clause does not so provide. 6 To appreciate the aforesaid submission, it apt to reproduce Clause 14.1(a) and 14.1(b) of the Statute in its entirety: “14.1(a)- The direct recruitment to the post of Assistant Professor, Associate Professor and University Professors in the Universities and Colleges shall be on the basis of merit through all India advertisement and selections by the duly constituted Selection Committees to be set up under the Statutes/Ordinance of the University. Such Committees should have a minimum of three experts, the head of the concerned Department and the Principals of the concerned colleges ( in case of selection of college teachers). 14.1(b)- Notwithstanding anything to the contrary as contained in the Statutes, it is hereby provided that the cases of Agricultural Inspector, Senior Technical Assistant, Junior Technical Assistant, Demonstrators, Research Assistant and equivalent, if any working in the service of the Rajendra Agricultural University or the College concerned, as the case may be, shall be considered for appointment/absorption/promotion to the post of Assistant Professor-cum-Junior Scientist/Junior Scientist-cum-Assistant Professor as per statutory provision.” In our considered opinion, in absence of any kind of percentage fixed, this court could not nave directed to fix a particular percentage nor could the counsel give any kind of concession in this regard. Mr. Sinha, learned senior counsel, along with Mr. Upadhyaya, learned counsel for the appellants, fairly stated that the applications received in pursuance of 7 the advertisement dated 25.11.2009 shall be processed but the advertisement shall be given effect to only after working out the quota. They have further stated that the University shall also work out the method to give effect to the Clause 14.1(b) of the Statute by laying down the norms of appointment/absorption/ promotion. Needless to say that the laying down the norms has to be in accordance with the University Statute, regulations and norms including the resolutions taken by the Board of Management. Having heard learned counsel for the parties, it is directed that the University shall fill up the posts as provided under Clause 14.1(b) as the posts are lying vacant and stagnation has taken place within a period of six months from the date of receipt of the order passed today. Be it noted, before taking the steps for filling up the posts the percentage of posts that would come within the compartment of Clause 14.1(a) and 14.1(b) shall be worked out by the competent authority by amending the statute as agreed to by learned counsel for the University within a period of four weeks from the date of receipt of the order passed today. In any case the exercise for filling up the posts shall be completed as directed hereinabove. 8 With the aforesaid modification in the order of the learned Single Judge, the appeal stands disposed of without any order as to costs. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)