Jharkhand High Court
Dr. Krishna Kumar Gupta @ Krishna Kumar ... vs The State Of Jharkhand Through The ... on 22 July, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 796 of 2023
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1. Dr. Krishna Kumar Gupta @ Krishna Kumar Gupta, Son of Late Laxmi Prasad, resident of 404, Satya, Vijay Residency, Ram Nagar, Nalapar, Hazaribag P.O.-Bodom Bazar P.S.-District- Hazaribag.
2. Dr Kedar Singh @ Kedar Singh, Son of late Bisheswar Singh, resident of Anandpuri Beside St. Columbas College, P.O. & P.S-Hazaribag, District-Hazaribag.
3.Dr. Sarita Singh @ Sarita Singh, Daughter of Dr. Jagdish Prasad Singh, resident of Near Old Fire Brigade, Haranganj P.O. & P.S.- Hazaribag, District- Hazaribag.
4. Dr. Sukalyan Moitra @ Sukalyan Moitra, Son of S.K.Moitra, Resident of Opposite Doon Central School, Barkagaon Road, Hazaribag P.O. & P.S.-Hazaribag, District- Hazaribag.
5. Dr Vikash Kumar @ Vikash Kumar, Son of late-Raja Rajendra Prasad, Resident of Akarshan, Near Krishi Vigyan Kendra Canary Hill Road P.O. & P.S.-Hazaribag, District- Hazaribag.
6.Dr. Ashok Kumar Mondal @ Ashok Kumar Mondal, Son of Late Santto Singh, Resident of Canary Hill Road, Canary Hazaribagh, P.O., P.S. & District- Hazaribag.
7. Dr Anuj Kumar @ Anuj Kumar, Ro Suprakash Benerjee Road New Barganda New Colony Giridih P.O. & P.S. District- Giridih.
8. Dr Rama Nand Pandey Alias Ramanand Pandey, Ro Marwari Mohalla Chatra P.O. & P.S. District- Chatra.
9.Dr Mokhtar Alam Alias Mokhtar Alam, Ro Lotus Tower 6th Floor Hazaribag P.O. & P.S. District- Hazaribag.
10. Dr S M Rizwan Ahmad @ Rizwan Ahmad, Ro Sulaeman Colony Lepo Road Hazaribag P.O. & P.S. District-Hazaribag
11. Dr Kishore Kumar Gupta Alias Kishore Kumar Gupta, Ro 203 B Block Shaivya Apartment Jhill Road P.O. & P.S. District- Hazaribag.
12. Dr Humayun Ashraf Alias Humayun Ashraf, Ro Ehshan Zahir New Friends Colony Pagmil Hazaribag P.O. & P.S. District-Hazaribag.
13.Rita Kumari, Ro Street No 1 House No 5 West Gandhi Nagar Hazaribag P.O. & P.S. District Hazaribag.
..... Petitioners Versus
1. The State Of Jharkhand Through The Principal Secretary, Deptt of Higher and Technical Education, Govt. of Jharkhand, Project Building Dhurwa P.O. & P.S. Dhuwa District- Ranchi.
12. The Director Department of Higher and Technical Education, Government of Jharkhand at Project Building Dhurwa P.O. & P.S. Dhuwa District- Ranchi.
3. The Vinoba Bhave University Through its Vice Chancellor, At Hazaribagh P.O. & P.S. District- Hazaribagh.
4.The Registrar Vinoba Bhave University Hazaribagh, At Hazaribagh P.O. & P.S. District- Hazaribagh.
..... Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Kanti Kumar Ojha, Adv. For the Resp- University: Mr. Amresh Kumar, Adv For the Resp-State : Mr. Sanjay Kumar Tiwari-SC-I
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6/Dated: 22 nd July, 2024 Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioners praying for directions upon the respondent-authorities to consider their cases for promotion from the post of Lecturer, Selection Grade, Reader now re-designated as Associate Professor to the post of University Professor by deleting Cluase-6 of Appendix-III of the newly framed statue of 2010 granting all benefits of promotion with retrospective dates and also to give relaxation of Academic Performance Indicator (API) based upon Performance Based Appraisal System (PBAS) conditions laid down by the University Grant Commission (UGC) with effect from appropriate effective dates under Career Advancement Scheme being enforced with effect from 27.07.1998 since no any promotion after 31.12.2008 was granted to this petitioners despite their fulfilling of all the criteria's and eligibility.
2. Learned counsel appearing for the respondent- University submits that the petitioners have not approached them and unless they will approach the University their cases cannot be recommended to the 2 State Government for approval; as such the petitioners may be directed to approach the respondent-University with all necessary documents indicating their grievance.
In reply to the aforesaid submission of learned counsel for the University, learned counsel for the petitioner submits that the instant writ application may be disposed of by giving liberty to these petitioners to file a representation before the respondent no.3-Univeristy and they may be directed to consider their case and forward to the same to the State Government for necessary approval by taking into consideration their entire experience and the order taken by the University in other cases.
4. Having heard learned counsel for the parties, the instant writ application is, hereby, disposed of by directing the petitioners to file a joint representation before the respondent no.3 through respondent no.4 along with all relevant documents within a period of six weeks. If any such joint representation is preferred before the respondent No.3/4; the same shall be considered by the concerned respondent in accordance with law and if the case of respective petitioners is found to be genuine; the respondent-University shall recommend the same to the State Government within a period of twelve weeks from the date of receipt of such representation. The State in turn shall give necessary approval with regard to their promotion within a further period of six weeks.
6. As a result, the instant writ application is disposed of in the manner indicated hereinabove.
(Deepak Roshan, J.) Amardeep/ 3