Patna High Court
Dr. Navin Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the Governing Body must strictly follow the Time‑Bound Promotion Scheme and promote all eligible teachers within the timelines set out in the earlier order.
Summary
The petitioners, a group of teachers from Z.A. Islamia College, a minority‑run institution, sought a direction that they be promoted to the posts of Reader and University Professor under the Time‑Bound Promotion Scheme approved by the Chancellor in 1992. They relied on Section 52 of the Bihar Inter‑University Board Act, 1981 and on a prior judgment of the Patna High Court in CWJC No. 331 of 2018 which had directed the college’s Governing Body to consider promotions in accordance with the scheme. The respondents – the State of Bihar, the Director of Higher Education, Jai Prakash University and the college – argued that the matter had already been settled and that the college’s governing body was not averse to the teachers’ interests. The Court reiterated the earlier order, directing the Governing Body to process the promotions through the University’s Selection Committee within the timelines prescribed (one month for list submission, another month for scrutiny, and subsequent periods for university approval and state payment). It emphasized that statutory procedures must be strictly followed and that any deviation would render the action invalid. Consequently, the Court ordered the college to adjudicate the petitioners’ claims within three months and disposed of the writ petition.
Issues considered
- Whether the Governing Body of a minority‑affiliated college is bound to implement promotions under the Time‑Bound Promotion Scheme as mandated by Section 52 of the Bihar Inter‑University Board Act, 1981.
- Whether the University and the State Government must adhere to the prescribed timelines for promotion approval and salary payment.
- Whether the petitioners are eligible for promotion to Reader/University Professor under the scheme.
- Whether the High Court can issue mandatory timelines for the college and university to process the promotions.
Legislation cited
- Bihar Inter University Board Act, 1981 — s. 52
Subjects
- promotion
- time‑bound promotion
- minority institution
- university
- governing body
- selection committee
- career advancement scheme
- civil writ jurisdiction
- statutory compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22397 of 2019
======================================================
1. Dr. Navin Kumar Sharma son of late Ramsagar Sharma resident of mohalla-
Nai Basti, Mahadeva, P.O., P.S. and District- Siwan.
2. Md. Imteyaz Hashim son of late Mohd. Hashim R/o. near Belal Mosque,
M.M. Colony P.O., P.S. and District- Siwan.
3. Dr. Sangita Kumari daughter of late Shyambalak Sinha, W/o. Sri
Akhileshwar Prasad R/o. Qr. No. D- 2/3, IGIMS, Shekhpura, P.S.
Shastrinagar, town and district- Patna.
4. Dr. Pararvez Ahmad son of late Ainul Haque R/o. mohalla M.M. Colony,
behind Cold Storage, P.O., P.S. and District- Siwan.
5. Dr. Mohammad Rashid Shibli son of Md. Arif Billah R/o. Rasid Complex,
Ismail Shaheed Road, near Pani Tanki, P.O., P.S. and District- Siwan.
6. Md. Asdullah son of late Md. Saleemullah R/o. near Masjid, Railway Track,
Laxmipur, Islamia Nagar, P.O., P.S. and District- Siwan.
7. Dr. Nayazul Haque son of late Ainul Haque Farooqui R/o. at and P.O.
Bahadurpur Bazar, via- Barharia, P.S. and District- Siwan.
8. Dr. Shailesh Kumar Singh son of Sri Naulakh Singh R/o. Raghunath Market,
Babunia More, at P.O., P.S. and District- Siwan.
9. Dr. Zafrullah son of late Kamuluddin Ahmad R/o. Ismail Shaheed (MM
Colony), Mill Road, P.O., P.S. and District- Siwan.
10. Dr. Kalim Ghaffar Mian son of late Peer Mohammad Mian R/o. village-
Singahi, P.S. Ander, P.O. Hussainganj, District- Siwan.
11. Dr. Shamim Akhtar Ansari son of Abdul Jabbar R/o. Islamia Nagar,
Laxmipur, P.O., P.S. and District- Siwan.
12. Dr. Arvind Prakash Verma son of late Alakh Deo Narayan Verma R/o.
Suklatoli near Hanuman Mandir, P.O., P.S. and District- Siwan.
13. S. Ziyanddin Ahmad son of late Mouli S. Gulmohammad Quadri R/o.
village- Datanagar (Harihans), P.O. Harihans, P.S. town and District- Siwan.
14. Farooaue Azam Khan son of Haidar Ali Khan R/o. Asinagar, Nawalpur,
(Naya Quila), P.O., P.S. and District- Siwan.
15. Dr. Md. Shahid son of late Momtaz Ahmad R/o. Mumtaz Market, Telhatta
Bazar, P.O., P.S. and District- Siwan.
16. Dr. Brij Kishore Sinha son of late Ram Naresh Singh R/o. village and P.O.-
Sikandarpur, P.S. GB Nagar, District- Siwan.
17. Tarique Mahmood Khan son of late Mahmood Ali Khan presently posted as
Lecturer, Department of Political Science, Z.A. Islamia College, Siwan.
18. Awadhesh Kumar Pandey son of late Baidyanath Pandey R/o. village and
P.O. Harihans, P.S. Hussainganj, town and District- Siwan.
19. Umesh Prasad Singh son of late Shubh Narayan Singh R/o. Bhatha Dasi,
Basarha Vaishali, P.S. Basarha, District- Vaishali.
20. Mahmoodul Hassan Ansari son of Abdul Jabbar Ansari R/o. Koirigawan,
Karbala Bazaar, P.O. and P.S. Barharia, District- Siwan.
Patna High Court CWJC No.22397 of 2019(6) dt.27-01-2026
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21. Dr. Md. Mustaqueem son of late Mohammad Islam presently posted as
Lecturer, Department of Physics, Z.A. Islamia College, Siwan.
22. Dr. Murari Singh son of late Jang Bahadur Singh R/o. C/o. Mahesh Prasad
Roy, Chaaturbhuj Thakur Marg, Gannipur, P.O. Ramna, P.S. and District-
Muzaffarpur.
23. Dr. Mohammad Alimullah son of Mohammad Kashim R/o. at, P.O. and P.S.
Jiyay, District- Siwan.
24. Dr. Sunil Kumar Giri son of late Sukhdeo Giri R/o. Chhota Shiv Mandir,
near Kachhari, Daak Bunglow Road, P.S. and town and District- Siwan.
25. Dr. Vijay Kumar son of Dr. Vishwanath Prasad Singh R/o. north of Gandhi
Maidan, Nai Basti Mahadewa, P.S., town and District- Siwan.
26. Shamsuddin Ahmad son of late Mohammad Shazada R/o. MM Colony, P.O.,
P.S. and District- Siwan.
27. Mohamad Hasan son of late Mohamad Sayeed R/o. Piperpati, P.O. and P.S.-
Baniapur, District- Saran.
28. Dr. Abdul Washim Khan son of late Abdul Rasid Khan R/o. at, P.O. and P.S.
Manjhi, town and District- Saran.
29. Dr. Tanweer Ahmad son of late Quarimotiul Haque R/o. Ismail Shaheed
Road, near Pani Tanki, Babunia Road, P.O. and P.S. and Siwan.
30. Qazi Mohammad Junaid son of late Qazi Mohammad Ataullah R/o. near
Emanuel Convent School, Anand Nagar, P.O., P.S. and District- Siwan.
31. Dr. Azhar Hasnain Parwej son of late Md. Fasih-Uz-Zaman R/o. Nurani
Haveli, Friends Colony, Mewa Sao Lane, Opposite Kaara School,
Sultanganj, P.S. Sultanganj, town and District- Patna.
32. Dr. Rudra Pratap Shahi son of late Birendra Pratap Shahi R/o. Langerpura,
P.O. and P.S. Mairwa, District- Siwan.
33. Dr. Sanjay Kumar son of late Chandramouli Prasad Singh R/o. C/o. H.P.
Agrawal, Mission Compound, Mahadeva, District- Siwan.
34. Raghwendra Naraya Dhar son of late Ramesh Chandra Dhar R/o. Kumar
Body Builder Gali, Rukunpura, P.S. Shastrinagar, town and District- Patna.
35. Anzum Ara daughter of Syed Ezaz Hussain, W/o. Mirza Wajahat Hussain
R/o. Ismail Shaheed Road, Opposite Shining Star Public School, Ali Nagar
Colony, Siwan.
36. Dr. Anuradha Agrawal daughter of Sri Hari Prasad Agrawal, W/o. Dr. Sanjay
Kumar R/o. Mission Bajaj, Mission Compound, Mahadeva, Siwan.
37. Dr. Nalini Bhardwaj daughter of Sri Ravindra Nath Singh, W/o. Sri Indu
Shekhar R/o. Village- Sendaur, P.O. Dayalpur, P.S. and District- Saran.
38. Dr. Akhlaque Ahmad son of late Wasi Ahmad R/o. Bahuara, P.O. Bahadur
Bazar, P.S.- Baraharia, District- Siwan.
39. Mohammad Abul Kalam son of late Raza Hussain R/o. Village- Tirbirwan,
P.O. Bhitbhirwan, District- Gopalganj.
40. Dr. Madhubala Kumari daughter of late Shukdeo Pandey, R/o. Gandhi
Maidan (near Moti School), P.O., P.S. and District- Siwan.
41. Mosomat Sahabun Nisa @ Sahabun Nisa W/o. Late Mazid Ahmad R/o.
Patna High Court CWJC No.22397 of 2019(6) dt.27-01-2026
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M.M. Colony, near Belal Maszeed, P.O., P.S. and District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, Vikas Bhawan, Patna.
2. The Director, Higher Education, Education Department, Government of
Bihar, New Secretariat, Vikas Bhawan, Patna.
3. Jai Prakash University, Chapra, through its Registrar.
4. The Registrar, Jai Prakash University, Chapra.
5. The Vice- Chancellor, Jai Prakash University, Chapra.
6. Z.A. Islamia College, Siwan, through its Secretary Sri Zafar Ahmad Ghani,
Ahmad Ghani Nagar, Lakshmipur, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kr. Jha,
Mr. Amresh,
Mr. Saroj Kumar, Advocates.
For the Respondent/s : Smt. Abhanjali, AC to GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 27-01-2026 Heard learned counsel for the petitioners and learned
counsel appearing for the Respondents.
2. The present writ petition has been filed for the
following relief(s):-
“For a direction on the
respondents to consider the case of
petitioners who are teachers of deficit grant
affiliated minority religious and linguistic
college, for promotion to the post of Reader
and University Professor with effect from
due date with all consequential benefits in
terms of provisions of the statute with regard
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to grant of time bound promotion approved
by the Hon'ble Chancellor bearing BSU-
20/92-2280/GS(1) dated 14.09.1992 which is
still in force and has not been repealed.
ii) For any other relief/reliefs to
which petitioners are found entitled in the
facts and circumstances of the case.”
3. Learned counsel for the petitioners by referring to
the statute for Time Bound Promotion of Lecturers to the post of
Readers and Promotion of Readers to the Post of University
Professors of Affiliated Colleges including Religious and
Linguistic Minority Colleges as approved by the Chancellor
vide no. BSU-20/92-2280/GS(I)-dated 14.09.92 submits that the
case of the petitioners for grant of appropriate promotions are
required to be considered in terms of the said Statute, which has
been brought into being under Section 52 of the Bihar Inter
University Board Act, 1981, which issue has already been
considered by the Co-ordinate Bench in CWJC No. 331 of 2018
(Z.A. Islamia College, Siwan v. The State of Bihar & Ors)
wherein the Statute was considered and it has categorically been
observed in the order by referring to the stand taken by the
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Respondent No.6 (petitioner therein) that the Governing Body
was not averse to the interest of the teachers and they are
concerned with the interference in the administration of the
College which is said to have been established and maintained
by religious minority and has categorically acceded before this
Court in the aforesaid case that the procedure prescribed for the
purpose of appointment and other service conditions including
promotion is required to be adhered by the Governing Body for
considering the cases of all eligible teachers for grant of
promotion in terms of the existing Time Bound Promotion
Scheme and Career Advancement Scheme from the due dates as
per their eligibility and other conditions which are found to be
fulfilled by them.
4. The relevant extract of the observations and as also
the findings, which are said to have been recorded by the Co-
ordinate Bench is being reproduced as under:-
“18. During the course of hearing
Mr. Abhinav Shrivastava admitted that the
Governing Body is not averse to the interest
of the teachers. They are concerned with the
interference in the administration of the
college which is established and maintained
Patna High Court CWJC No.22397 of 2019(6) dt.27-01-2026
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by religious minority. His emphasis is on the
procedure prescribed to be followed for the
purpose of appointment and other service
condition including the promotion. He fairly
submitted that Governing Body will consider
the case of all eligible teachers for grant of
promotion in terms of the existing Time
Bound Promotion Scheme and Career
Advancement Scheme from due dates if the
teachers answer the eligibility and other
conditions for grant of such promotion.
19. While holding the action of the
respondents granting promotion as without
jurisdiction, the Court would like to direct
the Governing Body to take appropriate
decision with regard to all eligible for grant
of promotion after approval of the Selection
Committee by the University. The Court
grants one month's time to the Governing
Body to send the list of experts including
subject experts to the University and the
University is required to approve the
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Selection Committee within a period of one
month from the date of receipt of the list by
the Governing Body of the College and
within a period of 30 days thereafter the
Governing Body may complete the process
of scrutiny and other formalities for grant of
promotion and within one month take
appropriate decision with regard to grant of
promotion from due date under Career
Advancement Scheme or Time Bound
Promotion Scheme.
20. As indicated hereinabove, the
institution is minority institution and entire
expenditure towards payment of salary of the
teachers in the college is borne by the State
exchequer. The Court hereby directs that
after the grant of promotion by the
Governing Body on the basis of the scrutiny
and interview etc. by the Selection
Committee, the University in its turn may
take appropriate decision with regard to
approval of grant of promotion within a
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further period of 15 days from the date of
receipt of such recommendation by the
Selection Committee and thereafter the State
Government is required to ensure payment of
salary to the beneficiary of the promotion
either under the Career Advancement
Scheme or under the Time Bound Promotion
Scheme, as the case may be within a further
period of 60 days.
21. Before I part with this
judgment, I would like to remind all
concerned to the settled proposition of law.
The Chancery Court in the case of Taylor
Vs. Taylor: (1875) 1 Ch D 426 has held out
that when the law requires a thing to be done
in the manner prescribed then it has to be
done in the manner prescribed. Any other
mode of performance is forbidden by
necessary implication. It is also settled that
if statutory authority professes its action to
be judged as per the professed norm, then
any departure from the professed norms is
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only at the pain of invalidation as held out
by Justice Frankfurter in Viteralli v. Seton
which has been followed by series of
judgment of the Supreme Court of India and
other Courts.”
5. Learned counsel for the petitioners next submits
that since the Governing Body of the College where these
petitioners are working out of which the petitioners no. 3, 7. 10,
20, 23, 29, and 39 have already been extended the benefits of
Time Bound Promotion under the scheme in vogue, therefore,
learned counsel does not have any instruction to press the claim
for promotion in respect of these petitioners and accordingly, no
order would be required in their cases.
6. On the other hand, learned counsel for the Jai
Prakash University, Chapra by referring to the stand taken in the
counter affidavit submits that with the resolution of Bihar
College Service Commission and its functions having vested in
the Selection Committee of the University and as also there
being Statutes put in place with the recommendation of Bihar
Inter University Board and the State Government, the Statutes
for Time Bound Promotion of Lecturers to the post of Readers
and Promotion of Readers to the Post of University Professors
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of Affiliated Colleges including Religious and Linguistic
Minority Colleges, the cases of these petitioners are required to
be considered strictly in consonance with the judgment rendered
by the Co-ordinate Bench in the case of Z.A. Islamia College
(supra) and this Court may direct their cases to be considered
strictly in consonance with the parametres prescribed including
the time frame so given and the authorities are legally bound to
comply with such directions, in case these petitioners are found
eligible for such promotion.
7. Learned counsel representing Z.A. Islamia
College/Respondent No. 6 has appeared through notice but has
chosen not to file their response in the last six years and the
learned counsel representing Respondent no.6 fairly submits
that they have no reason to take a divergent view and as also the
stand which has been taken by the Governing Body of the
College, before this Court in CWJC No. 331 of 2018. Learned
counsel further submits that since the stand of the College has
already been recorded in the order dated 25.07.2019 passed in
CWJC No. 331 of 2018, therefore, the authorities of the College
are legally duty bound to abide by the directions given in this
case.
8. Learned counsel for the State fairly submits that
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the issues have already been adjudicated and the Statutes for
taking care of the promotions of affiliated College are already
put in place, therefore, the University as well as College are
legally bound to comply the same.
9. Considering the submissions of the parties, this
Court is of the view that since the Co-ordinate Bench has
already adjudicated the issues at hand and appropriate directions
have already been issued to the Governing Body to take
appropriate decision with regard to the grant of promotions to
all eligible persons, after obtaining approval by the Selection
Committee of the University and as also the procedures referred
in the order dated 25.07.2019, would be required to be strictly
adhered by them for ensuring promotions under the Scheme,
and accordingly, this Court directs the Respondents No.6 to
carry out the exercise in similar terms and adjudicate the claim
of the petitioners within a period of three months.
10. It goes without saying that if these petitioners
have got recommendation in their favour by the Selection
Committee, then the authorities of the College would be
required to proceed in accordance with law for granting the
promotions and necessary action, which is required to be taken
at the end of University shall also be complied with, by adhering
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to the parameters, so prescribed in the order dated 25.07.2019
including the timeline so indicated. The consequential benefits
shall also be extended to the petitioners.
11. In case, such requisitions of funds are made to the
State Government, then the appropriate steps shall also be taken
by the authorities for doing needful in the matter in accordance
with law.
12. The instant writ petition, with the aforesaid
observations and directions, stand disposed of.
(Ajit Kumar, J)
perwez
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