LexTHE STATE OF BIHAR AND ORS. versus SYED ASAD RAZA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
THE STATE OF BIHAR AND ORS.
v.
SYED ASAD RAZA AND ORS.
APRIL 4, 1997
B
(K. RAMASWAMY AND G.B. PATIANAIK, JJ.)
Bihar State Universities Act, 1976 :
Section 35-Scope of-Minority lnstitutio1t-Bihar State--Maulana
C Azad College Ra11chi-Agree111e11t entered into by minority institution on
December 15, 1972-Stipulation that no new posts shall be created in the
college without prior pem1ission of Vice-Chancelloi--Subsequently 1976 Act
came into force-Conte11tion that agreement was relevalll before the 1976 Act
came into force-Acceptance of-After the Act has come into force the
agreement no longer subsists-After coming into force of the Act for the
D creation of a post in a minority institution for the appointment thereof, prior
approval of the University Vice-Chancellor or the State Government, is not a
·pre- condition-Respondent held entitled to the payment of grand-in-aid.
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Constitution of lndia, 1950 : Anic/e 30.
Min01ity Institution-Grand-in-aid--Entitlemelll to.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3003 of
1997.
From the Judgment and Order dated 2.5.96 of the Patna High Court
in L.P.A. No. 17 of 1996.
B.B. Singh for the Appellants.
S.B. Upadhyay, Brij K. Mishra, Ms. Shabana Tarannum and Ejaz
G Maqbool for the Respondent.
The following Order of the Court was delivered :
Leave granted.
H
Substitution allowed.
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STATE v. SYED ASAD RAZA
659
This appeal by special leave is from the judgment of the Patna High A
Court. Ranchi Bench, made on May 2, 1996 in LPA No. 17/1996.
The admitted facts are that Maulana Azad College, Ranchi estab-
lished in 1970 is a minority institution; minority status is given by the State
Government. Pursuant to an agreement dated December 15, 1972, it was
agreed that no new posts shall be created in lhe College without obtaining B
prior permission of the Vice-Chancellor. Two posts were created by the
Governing Body on September 7, 1975. One, Anup Narain Singh and one
Pandey Janardhan Prasad were appointed on April 8, 1976. Pandey
Janardhan Prasad ceased to work from February 10, 1979. Thereafter, the
first respondent, Syed Asad Raza came to be appointed on July 1, 1979. C
The question is whether the prior sanction from Vice-Chancellor for the
post to which Syed Asad Raza came to be appointed is a pre-condition?
Section 35 of the Bihar State Universities Act, 1976 has stepped in and
states that :
"35(1) No post for appointment shall be created without the prior D
sanction of the State Government. Notwithstanding anything con-
tained in this Act, no University or any College affiliated to such
a University, except such College,
(a) as is established, maintained or governed by the State Govern-
ment; or
(b) as is established by a religious or linguistic minority;
(i) After the commencement of this Act no teaching or non-teach-
ing post involving financial liabilities shall be created without the
prior approval of the State Government.
(ii) shall either increase the pay or allowance attached to any post,
or sanction any new allowance;
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Provided that the State Government may, by an order, revise
the pay scale attached to such post or sanction any new allowance. G
2. Notwithstanding anything contained in this Act, no college other
than one mentioned in clause (a) and {b) of sub-section (1), shall,
after the commencement of this Act, appoint any person on any
post without the prior approval of the State Government.
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660
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SUPREME COURT REPORTS
[1997) 3 S.C.R.
Provided that the approval of the State Government shall not
be necessary for filling up a sanctioned post of a teacher for a
period not exceeding six months by a candidate possessing the
prescribed qualification."
A reading of the above clearly indicate that after coming into force
B of the Bihar State Universities Act, 1976 w.c.f. May 16, l<J76 it is enjoined
that for appointment of a teacher prior approval of the State Government
is necessary. However, exceptions have been engrafted in respect of (a) the
institution run by the State Government and (b) institution established by
a relii,rious or linguistic minority. Even the 11011-obstante clause in sub-sec-
C tion (2) also makes exceptions to the clauses (a) and (b) of sub-section (1)
of Section 35 of the Act. Thus, it could be seen that for the creation of a
post in a minority institution for the appointment thereof, prior approval
of the University Vice-Chancellor or the State Government, Excerpt shown. Read the full judgment & AI analysis in Lexace.