HARISH CHANDRA SHRIVASTAVA versus THE STATE OF BIHAR AND OTHERS

Citation: [2022] 2 S.C.R. 1065 · Decided: 13-04-2022 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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1065
[2022] 2 S.C.R. 1065
1065
HARISH CHANDRA SHRIVASTAVA
v.
THE STATE OF BIHAR AND OTHERS
(Civil Appeal No(S). 2943 of 2022)
APRIL 13, 2022
[AJAY RASTOGI AND ABHAY S. OKA, JJ.]
Bihar Private Medical (Indian System of Medicine) College
(Taking Over) Act, 1985: Termination – Appellants were appointed
as Lecturers in private Ayurvedic Colleges between the period from
14 March 1978 to 10 May 1979 – The State by the Act of 1985 took
over the management of the Private Medical Colleges and upon the
recommendation of the Screening Committee constituted by it, the
appellants, amongst others were absorbed in service – Upon the
batch of writ petition, High Court directed constitution of fresh
Screening Committee, upon the recommendation of which the
services of appellants were terminated – Appellants filed writ
petitions before High Court against the termination, as result of
which Review Screening Committee was constituted pursuant to the
order of the High Court – Review Screening Committee
recommended that the appellants, amongst others, were found unfit
for absorption – Appellants approached High Court against the
recommendation and the same was dismissed upon the grounds that
the appellants though had academic qualification but lacked three
years post qualification teaching experience from a recognised
Ayurvedic College as required by the Statute – Hence instant appeal
– Held: The very premise on which the High Court proceeded to
examine the eligibility of the teachers as on the date they initially
entered into service in the year 1978-1979 and arrived to the
conclusion that the teachers who were not holding the post-
qualification teaching experience of three years from recognized
Ayurvedic college as referred to under the Statute would not be
eligible for absorption is a clear misconception of law – State was
not able to justify as to how the person on the basis of academic
qualification, if not being permitted to teach, may acquire post
qualification teaching experience as referred to under the Statute
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SUPREME COURT REPORTS
[2022] 2 S.C.R.
of the Bihar University Act or by CCIM Act, 1970 for entry into
service – Therefore, the academic qualification and post
qualification teaching experience of three years at the entry level
post i.e. Lecturer in the instant case, are two different ends which
are not possible to meet – It is a proven fact that the appellants were
holding required academic qualification and teaching experience
of more than three year as on cut-off date prescribed by the
Notification, the contention of State that the appellants lacked three
years post qualification teaching experience at the time of their
initial appointment as per the mandate of Act of 1985, is
unsustainable.
Allowing the appeals, the Court
HELD: 1. The very premise on which the High Court has
proceeded to examine the eligibility of the teachers as on the
date they initially entered into service in the year 1978-1979 and
arriving to the conclusion that the teachers who were not holding
the post-qualification teaching experience of three years from
recognized Ayurvedic college as referred to under the Statute
would not be eligible for absorption in terms of the notification
dated 09th December, 1986, is a clear misconception of law and
deserves rejection. [Para 24][1076-E-G]
2. The respondents were unable to justify as to how the
person on the basis of academic qualification, if not being
permitted to teach, may acquire post qualification teaching
experience as referred to under the Statute of the Bihar University
Act or by CCIM Act, 1970 for entry into service and, therefore,
the academic qualification and post qualification teaching
experience of three years at the entry level post i.e. Lecturer in
the instant case, are two different ends which are not possible to
meet. [Para 26][1077-B-C]
3. In the instant case, each of the appellants before this
Court was holding the academic qualification while entered into
service in the year 1978-1979 in the private Ayurvedic College
and holding teaching experience of more than three years as on
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the cut-off date 01st June, 1986 in terms of notification dated
09th December 1986, when the Screening Committee was called
upon to adjudge the overall suitability of the appellants for
absorption and once the appellants were indeed eligible as on
the cut-off date i.e. 01st June, 1986, the justification tendered by
the Committee, in the first instanc

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