Ram Odar Jha And Ors., Ram Krishna Singh, ... vs State Of Bihar And Ors. on 8 October, 1991
Apparently, even though, State was in the knowledge of
aforesaid judgment right from 1979, it had ignored the same and created
confusion after confusion and now by this notification dated 17.12.1990,
referred to above, tried to correct the position. But again, while doing so, it
made it applicable only prospectively, that is, with effect from 17.12.1990
as onwards. The new criteria laid down was that in so far as non-clinical
subjects are concerned, tutors having Post Graduate Degree and minimum
three years teaching experience would be considered for promotion to the
post of Assistant Professor and such Assistant Professor who had minimum
three years teaching experience would be considered for promotion as per
seniority to the post of Associate Professor and those Associate Professors
having teaching experience of minimum four years would be considered
for promotion to the post of Professor. But again, there was yet another
catch. So far as non-clinical subjects are concerned, the State Government
reserved to itself the right to relax the conditions if sufficient number of
persons were not available for appointment as Assistant professors. As
noted above, this notification had only prospective application. Thus, the
criteria and the power to relax, in so far as this case is concerned, was
limited to its application prospectively with effect from 17.12.1990.