Prof. (Dr.) Arun Kumar Sinha vs Jharkhand Public Service Commission

Mr. Shree Chandrashekhar, J. - Claim of the petitioner is that he is entitled for promotion to the post of University Professor w.e.f. either 31.08.1986 or 23.10.1989. The petitioner has also challenged the recommendation to the Screening Committee of Ranchi University.

Prof. (Dr.) Shree Krishna Pandey submits that the Statute for Time Bound Promotion for the post of University Professor provides that a person with 16 years of experience on the post of Lecturer is entitled for grant of promotion to the post of University Professor and the petitioner, who acquired Ph.D degree in the year 1982 and subsequently, several other students were enrolled under him who also acquired Ph.D degree under his guidance, is entitled for promotion on the post of University Professor.

Mr. A. K. Mehta, the learned counsel appears for Ranchi University - Respondent no. 3. Mr. Sanjay Piprawall, the learned counsel appears for respondent-Jharkhand Public Service Commission.

The learned counsel for the respondents have opposed the prayer in the writ petition. It is submitted that the petitioner who was granted promotion to the post of Reader under the Time Bound Promotion scheme cannot claim that he should be promoted to the post of University Professor on completion of 16 years'' service on the post of Lecturer.

Considered.

Statute for Time Bound Promotion for Lecturers to the post of Readers and for Readers to the post of University Professors lays down qualifications for promotion. For promotion to the post of Reader the criteria is that a Lecturer shall have substantive appointment on the post of Lecturer and he has completed at least 10 years of continuous service as Lecturer. For promotion to the post of University Professor the Statute lays down as under :

"3. A Reader possessing the qualification of a University Professor prescribed by the University Grants Commission serving in a University Department or in a Degree College, managed and maintained by the University and who has completed at least 16 years of continuous service as Lecturer/Reader in one or more Universities, shall on recommendation of the Bihar State University (Constituent Colleges) Service Commission be promoted to the post of University Professor, other conditions remaining the same."

Referring to expression Lecturer/Reader occurring in Clause 3 of the Statute, the learned counsel for the petitioner has contended that the petitioner who has acquired Ph.D degree is entitled for promotion to the post of University Professor on completion of 16 years of continuous service as Lecturer. This contention is misconceived. The opening words in Clause 3 indicate that this provision is intended for promotion from the post of Reader to the post of University Professor and accordingly, it is provided that a Reader possessing the qualification of a University Professor prescribed by the University Grants Commission is entitled for promotion, if he satisfies the conditions laid down therein. At this stage, it would be useful to notice the Statute for Merit Promotion, which prescribes that for promotion to the post of University Professor, a Reader must have continuous service of 8 years on the post of Reader and a Lecturer with 8 years'' continuous service may be promoted as Reader. The petitioner who was promoted to the post of Reader w.e.f. 31.08.1983, that is, on completion of 13 years'' service, if is granted promotion to the post of University Professor on completion of 16 years continuous service as Lecturer, he would be granted promotion to the post of University Professor even much before the Statute for Merit Promotion lays down qualification for promotion to the post of University Professor from the post of Reader. The expression Lecturer/Reader under Clause 3 is meaningless and the word Lecturer appears to be a mistake. In the context of Time Bound Promotion scheme it has no relevance under Clause 3. If a person on completion of 16 years ; 8 years'' continuous service on the post of Lecturers and 8 years'' continuous service on the post of Reader is eligible for promotion to the post of Professor under Merit Promotion scheme, under the Time Bound Promotion scheme one cannot be granted promotion to the post of University Professor on competition of 16 years'' service as Lecturer. In fact, the requirement under the Time Bound Promotion scheme is 25 years'' continuous service as Lecturer. Purpose for enacting two different Statutes, one for Time Bound Promotion and another for Merit Promotion is to provide an avenue for promotion to the Lecturers, however, both lay down different criteria for promotion. Considering the specific provision for promotion to the post of University Professor under the Statute, the petitioner cannot claim promotion w.e.f 31.08.1986 or 23.10.1989. May be, the reasons stated in the courter-affidavit are not in consonance with the aforesaid provisions, no relief can be granted to the petitioner, ignoring the statutory provision under the Time Bound Promotion scheme.

I find no merit in the matter and accordingly, the writ petition is dismissed.