Private College Teachers Appointed Prior To April 2007 Entitled To Salary Grants: Patna HC Directs State To Complete Exercise In 3 Months
The Patna High Court has held that all teachers of private degree colleges in Bihar appointed prior to April 19, 2007 are entitled to receive salary grants from the State Government, irrespective of whether their colleges had been funded by deficit grants or performance-based grants.A division bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy in its order said:“the...
The Patna High Court has held that all teachers of private degree colleges in Bihar appointed prior to April 19, 2007 are entitled to receive salary grants from the State Government, irrespective of whether their colleges had been funded by deficit grants or performance-based grants.
A division bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy in its order said:
“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”
The Court further stated, “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.”
The ruling came in two Letters Patent Appeals arising out of two Civil Writ Jurisdiction Cases filed separately.
As per the factual matrix of the case, several teachers from private degree colleges had approached the High Court seeking a direction for the State to release funds to the universities, which could then be utilised to pay their salaries. Although initial writ petitions had resulted in positive orders, these were not implemented. During the writ proceedings, it was revealed that in 2015, an amendment to Section 57-A of the Bihar Universities Act, 1976 had been introduced.
Sub-section 6 of the amended Act stated that, “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.”
The time limit was later extended to 31 March 2018. The petitioners were appointed on the recommendation of the Governing Bodies of affiliated private colleges, but without the approval of the Bihar College Service Commission, which was later dissolved. A new Selection Committee at College Level was introduced for this purpose. Notably, most petitioners were paid salaries till 2012 under deficit grants or grants against student performance. Later, the State decided to provide grants to all colleges to pay staff salaries, but it required identification of teachers appointed without Commission approval. Initial appointments were for six months, with extensions subject to Commission recommendation, a requirement which was ignored for years.
A counter affidavit filed by the Director of Education claimed the amendment applied only to colleges receiving grants against student performance. The Single Judge disagreed, finding that the amendment covered all teachers appointed by Governing Bodies prior to 19 April 2007, regardless of grant type.
The Court agreed with the Single Judge's conclusion, holding that, “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 colleges getting grant against performance was absolutely unwarranted and uncalled for. This distinction only reflected the blinkered approach of the Department.”
The High Court considering the gigantic exercise which would be required to be executed, opined that the time of one month for completing the entire exercise would be too short, and therefore, it modified 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.”
Accordingly, both appeals were disposed of with the above modification.
Case Title: The State of Bihar & Others v. Ghanshyam Jha & Others along with The State of Bihar & Others v. Balram Pandey & Others
Case No.: Letters Patent Appeal No. 683 of 2023 in Civil Writ Jurisdiction Case No. 808 of 2019 along with Letters Patent Appeal No. 690 of 2023 in Civil Writ Jurisdiction Case No. 250 of 2019