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BIHAR STATE UNIVERSITIES (AMENDMENT AND VALIDATION) ACT, 2012
BIHAR STATE UNIVERSITIES (AMENDMENT AND VALIDATION) ACT, 2012
[Bihar Act 22, 2012]
An Act to amend the Bihar State Universities Act, 1976 (Bihar Act 23, 1976)
Preamble.—
Whereas, it is most expedient to make the University Act consistent with and in conformity with standards of University Grants Commission (U.G.C.);
And, whereas, anomalies exist in the provisions of The Bihar State Universities Act, 1976 so amendment is essential for bringing the Act on the line of different regulations/ direction/ instruction of UGC and define teacher in conformity with the definition incorporated in various regulations of UGC and orders issued by Govt. of India.
And, whereas, vide government letter no. 1216 dated 18-09-75 all the Vice- Chancellors of the State have been informed of the abolition of the post of Demonstrator in the light of UGC recommendation. Decision of the State Govt. has also been communicated to the Universities that the Demonstrators appointed on the sanctioned post before 01-01-1973 shall continue but the post shall not be filled up in case of vacancy caused due to retirement or death of the said post holders. On the post sanctioned before 01-01-1973 and appointed temporarily by 18-09-1975, such temporary demonstrators were to be examined in respect of qualification and on finding them fit for permanent appointment concurrence was to be obtained from Bihar State University Service Commission.
And, whereas, all university including Magadh University had been informed vide letter no. 1789 dated 26-08-1977 that on the recommendation of Govt. of India, the post of Demonstrator had been abolished and that no appointment was to be made on such posts. In this letter, Govt. of India decision was quoted as follows :- "The revised scale of Rs. 500-900 is for the existing Demonstrator/Tutors only. In future Demonstrator/Tutors shall not be appointed in the Universities and Colleges"¸
And, whereas, the UGC Regulation, 1991 prescribed qualification for appointment to teaching post.
And, whereas, the UGC recognises only three tier teaching post namely Lecturer, Reader and Professor.
And, whereas, definition of Teacher under the Bihar State Universities Act, 1976 is not clear, due to which non teaching employees not holding the qualification of a teacher have been defined as a Teacher from the date of appointment and the question of adjustment of service of non-teaching employees appointed/ working against Unsanctioned Post on the basis of Staffing Pattern has arisen. Therefore for promotion of educational environment and for attaining academic excellence in these institutions as per the expectation of U.G.C., it is essential to amend the existing relevant provisions of The Bihar State Universities Act, 1976.
And, whereas, the Division Bench of Patna High Court, Ranchi Bench in LPA No. 274/1997 (R) while partly allowing the appeal set aside the direction of the Single Judge dated 3.4.1997 in CWJC No. 2176/1996(R) to treat the Lab. Assistant as teacher.
And, whereas, the apex court while dismissing Civil Appeal No. 4215-16/2002 dated 22.7.2002 held that the order of the Division Bench cannot be faulted with apart from the fact that no such specific prayer was made. The Bench observed that such general direction could not be issued as the qualifications and other relevant facts in respect of each Lab.
Assistants may have to be examined by the State Government while considering their representation. The Hon'ble apex court did not find merit in the challenge made against that part of the order of the Division Bench. The apex court held that Lab personnel can’t be declared Teacher.
And, whereas, after the Cabinet decision letter No. 1115 dated 14.6.2006 was issued for re-designation of Lab. Personnel.
And, whereas, modification in the letter no. 1115 was made vide memo no. 1456 dated 1.8.2006 without cabinet decision.
And, whereas, on 18.12.2008 the State Govt. clarified that re-designation as Demonstrator was issued only for pay scale and allowance and not to convert them as teacher.
And, whereas, on 21.9.2010 the Hon’ble Patna High Court in CWJC No. 1377/2010 held that re-designated Demonstrators acquired the status of teacher in terms of the definition of teacher under the Bihar State Universities Act, 1976 and as such entitled to all benefits.
And, whereas, on appeal LPA Court in LPA No. 981/2011 dated 11.7.2011 held that inspite of the decision of the Division Bench of the then Ranchi Bench of the Patna High Court confirmed by the Hon’ble Supreme Court, the Government of Bihar in its wisdom took a decision on 14.6.2006, to re-designate the graduate Laboratory Assistant/Junior Laboratory Assistant/Laboratory Incharge/ Lab. Technician/Technical Assistant, etc. appointed in the Laboratory of the constituent colleges as Demonstrators. Under the said decision, it was specifically decided that since re-designation as Demonstrators the concerned employees will be entitled to all the benefits of the post of Demonstrator.
And, whereas, the apex court dismissed SLP(C) No. CC-1324/2012 filed against the order of said LPA in limine.
And, whereas, redesignation of non teaching posts has arisen on account of vagueness and flaw in the definition of 'teacher'.
And, whereas, the State Cabinet decided to rectify mistake in the light of legal opinion and the observation of the LPA court and decided to withdraw the previous decision of re-designation of Lab. Personnel as Demonstrator with effect from the date of issuance of letter of re-designation dated 14.6.2006 and its modification dated 1.8.2006 and Government resolution no. 608 dated 10.4.2012 was issued.
And, whereas, it is necessary to amend the definition of the teacher to exclude the non-teaching employee Lab. Personnel re-designated Demonstrator with effect from the date of re-designation, as UGC and Central Govt. do not recognise Demonstrator as teaching employee in the context of observation of the LPA court in LPA No. 981 of 2011 as well as Legal Advice.
Be it enacted by the Legislature of the State of Bihar in the sixty third year of the Republic of India as follows :-
1. Short title and Commencement –
(1) This Act may be called The Bihar State Universities (Amendment and Validation) Act, 2012.
(2) This Act shall be deemed to come into force from the date of issue of U.G.C. Regulation, 1991 i.e. with effect from 05 October, 1991.
2. Amendment in Section-2 of the Bihar Act-23, 1976 –
Clause (v) of section-2 shall be substituted by the following :-
"(v) "Teacher" means person holding the post of only University Professor/ Professor, Reader, and Lecturer and such sanctioned posts in the teacher's grade on the basis of regulations issued by the U.G.C. from time to time;
Provided, that notwithstanding the said substitution in Section-2(v), the action taken in respect of working Demonstrators appointed before 18-09-1975 on the post sanctioned before 01-01-1973 with the concurrence of Bihar Public Service Commission or Bihar State University Service Commission shall not be affected by this substitution.
3. Overriding effect of the Act –
Notwithstanding anything contained contrary in this Act or any other Act, Ordinances, Rules or decision or judgment or decree of any court the provisions of this Act shall have overriding effect.
