Patna High Court - Orders
Ram Balak Prasad Nirala vs The State Of Bihar on 6 February, 2025
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3166 of 2022
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1. Ram Balak Prasad Nirala son of Shri Mangen Yadav resident of Janki Sadan,
A-11, Road No. 2, Vijay Nagar, Hanuman Nagar, Kankerbagh, District-
Patna, Pin- 800020
2. Shashikant son of Shri Chandrashekhar Gorait resident of Bhaisawan,
Masaurhi, District- Patna, Pin- 804452
3. Rajesh Kumar son of Shri Bisheshwar Prasad, resident of Department of
Agronomy, Bihar Agricultural University, Sabour, District- Bhagalpur, Pin-
813210
4. Suresh Prasad Singh son of Shri Dharm Lal Singh, resident of Gram-
Jariabhita, Post- Bairia, P.S.- Fatehpur, Khuniya Toli, District- Kishanganj,
Pin- 855101
5. Arun Kumar Jha son of late Surya Kant Jha resident of Kaplieshwar Asthan,
Jagat, Madhubani, District- Madhubani, Pin- 847238
6. Kamal Kant son of Shri Sahdev Paswan resident of B-2/F1, Mira Colony,
BHU Campus, District- Varanasi, Pin- 221005
7. Ravindra Kumar son of Shri Ram Lakhan Prasad resident of 91, Ward No. 3,
Purna Bagan, Saraikella, Kharsawan, Jharkhand, Pin- 833219
8. Shiv Prasad Sinha son of Shri Jagdish Mahto resident of Flat No. 3B, Radha
Kutir, West Anandpuri, District- Patna, Pin- 800001
9. Mithilesh Kumar son of Shri Ghanshyam Mandal resident of Village-
Punsia, Post- Punsia Bazar, P.S.- Rajoun, Orhara, District- Banka, Pin-
813109
10. Devendra Prasad Saha son of Shri Shiv Narayan Saha, resident of Zero Mile,
Sabour, Guru Nanak Pura Colony, Gopalpur, District- Bhagalpur, Pin-
813210
11. Shambhu Prasad son of late Jageshwar Prasad Mahto resident of Sahebpur
Kamal, Samastipur, Begusarai, Pin- 851217
12. Vinay Kumar son of Shri Ram Kripal Singh resident of Village- Mahmaura,
Post- Mahmaura, Mirari, District- Lakhisarai, Pin- 811107
13. Kumari Karuna resident of Department of Horticulture, Fruit, Bihar
Agricultural University, Sabour, District- Bhagalpur, Pin- 813210
14. Deban Kumar Choudhary son of Shri Yashodhar Chaoudhary resident of
Bikramsher, Mahuahi, Babu Barhi, District- Madhubani, Pin- 847224
15. Uma Kant Singh son of Shri Yogendra Prasad Singh resident of Village-
Dahra, Via- Gurubazar, Post- Bishanpur, District- Katihar, Pin- 854104
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Agriculture Department,
Bihar, Patna
2. Chancellor of Universities of Bihar through the Principal Secretary, Raj
Bhawan, Patna
Patna High Court CWJC No.3166 of 2022(6) dt.06-02-2025
2/4
3. Bihar Agricultural University, Sabour, Bhagalpur through its Registrar
4. Vice Chancellor, Bihar Agricultural University, Sabour, Bhagalpur
5. Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur
6. Registrar, Bihar Agricultural University, Sabour, Bhagalpur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Adv.
For the State : Mr. Sarvesh Kr. Singh (Aag13)
For the Chancellor : Mr. Janardan Pd. Singh, Sr. Adv.
: Mr. Rajiv Ranjan Kr. Pandey, Adv.
For the University : Mr. Shaildedra Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
6 06-02-2025Heard learned Senior Counsel for the petitioners, learned counsel for the State, learned Senior Counsel for the Chancellor and learned counsel for the B.A.U. University.
2. The present writ application has been filed for seeking following reliefs:
"(i) issuance of a direction, order or writ, including writ in the nature of certiorari quashing that part of the scorecard for assessment of teachers/scientists/extension specialists ог equivalent for promotion to the higher grade pay as appended with the notification dated 03/01/2020 published in the Bihar Gazette Extraordinary on 07/01/2020, inter alia, containing the amendments in Chapter-4.4. (1) & 4.4. (2) of the Bihar Agricultural University Statutes, 2010, by which amendments have been brought about in the procedure for promotions of Teachers, Scientists and equivalent under the Career Advancement Scheme-
CAS of 2006 implemented in relation to all the Teachers, Scientists and persons working against equivalent posts in the services of the Bihar Agricultural University, Sabour, Bhagalpur (hereinafter referred to as "the University") to the extent that the same lays down such parameters for Patna High Court CWJC No.3166 of 2022(6) dt.06-02-2025 3/4 assessment of cases of Teachers and Scientists working in the services of the University for grant of promotions to them, which cannot be fulfilled by the Teachers, Scientists and persons working against equivalent posts under the University who had already been appointed prior to the issuance of he aforesaid notification dated 03/01/2020 and the same is also in disregard and violation of section 28(2) of Bihar Agricultural University Act, 2010;
(ii) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the notice dated 12/1/2022 bearing memo no. 07 issued from the University, by which even without bringing about necessary amendments/changes/ modifications in the criteria/guideline/ API scorecard for considering cases of teachers and scientists of the university for granting them promotions under the career advancement scheme 2006, the teachers and scientists working in the services of the University have been directed to submit their applications for consideration of their cases for grant of promotion under CAS-2006 by 25/02/2022 and it has been indicated that applications received after the said date would not be evaluated;
(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to take steps towards bringing about necessary changes in the criteria/guidelines/ API scorecard based on PBAS as recommended by the high-level committee constituted by the University during its meeting held on 24/6/2020 and also while taking note of the prevalent parameters and criteria as existed prior to issuance of the aforesaid notification dated 03/01/2020;
(iv) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University to take steps towards considering the cases of the Teachers, Scientists and the persons working against such equivalents posts in the services of the University with reference to the parameters for Academic Performance Indicators & Scorecards on the basis of Performance Based Patna High Court CWJC No.3166 of 2022(6) dt.06-02-2025 4/4 Appraisal System taking note of such requirements which were there in existence prior to introduction of issuance of the aforesaid notification dated 03/01/2020 published in the Bihar Gazette Extraordinary;
(v) Issuance of an ad interim direction upon the concerned respondent authorities under the University to refrain from carrying out the process of promotion of Teachers, Scientists and equivalent under the Career Advancement Scheme-CAS of 2006 in furtherance of the notice dated 12/1/2022 bearing memo no. 07 issued from the University, during the pendency of the instant writ petition;
(vi) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case."
3. A counter affidavit has been filed on behalf of the University in which it is stated that out of 15 writ petitioners, 8 petitioners were granted promotion from pay level 11 to pay level 12 by the different notifications issued by the University and the case of remaining writ petitioners is under process.
4. In view of the statement made in the counter affidavit, this writ petition stands disposed of.
5. If the petitioners are not promoted from pay level 11 to pay level 12, in that event, they would be at liberty to file a fresh writ application or file a representation before the concerned Authority, in accordance with law.
(Anjani Kumar Sharan, J) anand/-
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