Prasun Kumar Deb,J. - (1.)The admitted position remains in the case is that for advancement and development of the regional and tribal languages in the University level on the principles of Constitution of India for its development in the year 1969, Nagpuria Shaha Parishad met in a delegation to the Vice-Chancellor of Ranchi University and impressed upon him to introduce regional and tribal languages in the University. The Chotanagpur area of the State of Bihar is mainly inhabited by the tribal people more specially the original district of Ranchi which is now bifurcated in three districts namely, Ranchi, Lohardaga and Gumla. These inhabitants whose language culture and scripts are altogether different than the main stream of India. By industrial progress and its impact on the society, it was necessitated the migration of different race, castes and communities who then settled down in this place, but inspite of such progress, the identity, languages and culture of the Scheduled Tribes remained intact. The framers of the Constitution made a solemn proclamation to cater the needs of the tribal who are definitely economically weaker Section of the society and it was felt that advancement of all sphere of life more specially to protect the educational needs of the Tribal people, the tribal language should be propagated and as such in the year 1969 i.e. on 5th December, 1969, the Academic Council of the Ranchi University and its senate approved to constitute a Syllabus Board for imparting education in the tribal language of Nagpuri, Oraon and Mundari and laid down criteria for selection of Teachers in regional and tribal languages. On 27th August, 1970, the then Chancellor had approved the criteria of the selection of teachers in regional and tribal languages and syllabus and for that the Chancellor was pleased to include the languages of Nagpuri, Kurtikh and Mundari in the Regional and Tribal Language Department in the Statute of Ranchi University. Teaching was introduced to impart education in tribal languages in phase manner. In August, 1971, teaching of regional and tribal languages had been started initially at the Intermediate level for the Session 1971-73 and then the Chancellor inaugurated the Tribal and Regional Language Department being a separate department in the University. In July, 1975, a meeting was convened by the then Vice Chancellor of the Ranchi University to make out a further syllabus for prescribing of regional and tribal languages in graduate level and started the teaching of the same at the graduate level in the Ranchi University. The matter was referred to the University Grants Commission and the same was approved. A Seven Member Committee was constituted by the Chancellor in the year 1977 and that Committee recommended that a separate and independent department for development and advancement of tribal and regional languages be opened and necessary steps should be taken immediately for appointing the existing Lecturers and there was also a resolution for imparting education of tribal languages in 17 Colleges of the Ranchi University. The committee also suggested for creation of required posts of Lecturers, Readers and Professors with the Government. It also recommended that the teachers who are part time and/or temporary taking classes or are engaged for the teaching on the subjects above be further absorbed as fulfledged permanent teachers.
(2.)Dr. Kumar Suresh Singh, the then Vice-Chancellor of Ranchi University by his letter dated 12-5-1980 asked the Registrar to take immediate action for implementing the decision of the High Powered Committee as mentioned above. The recommendations of the said High Powered Committee were:-
"(i) To form Advisory Committee for the establishment of the department. (ii) Government be moved for sanction of the posts of Professor, Reader & Lecturer - 7 out of which Lecturers for the subject Nagpuri, Oraon and Mundari had already been sanctioned by that time."
There was also recommendations for obtaining sanction for the other remaining posts of Regional Languages like Kharia No. Santhali and Kurmali languages. Advisory Committee was also asked to prepare syllabus for the courses of tribal and regional languages. The said letter of the then Vice-Chancellor was dated 12-5-1980 as contained in Annexure-2 to the writ petition. The Advisory Committee of the Regional and Tribal Languages approved syllabus in the Intermediate, B.A (Hons.) and M.A. courses in the regional and tribal languages. A policy decision had been taken by the syllabus Board for prescribing syllabus in Ranchi University. On 6-10-1984, the Department of Regional and Tribal Languages which was set up in the Ranchi University published a notice for appointment of teachers in the languages Kurukh, No, Mundari, Santhali, Kurmali, Kharia. The petitioners submitted their applications for appointment. On 13-3-1985, the Ranchi University forwarded the same to the Deputy Director, Higher Secondary Education, Bihar, Patna, for the purpose of advancement of the languages concerned and on the resolution of the Syndicate on 22-10-1985, the University issued notice for temporary appointment of Lecturers in the aforesaid subjects. On 6th February, 1986, (Annexure-8), the Ranchi University issued instructions to all the constituent and affiliated Colleges of the Ranchi University for teaching in tribal and regional languages as per the decision of the Academic Council and Syndicate of the Ranchi University. Since 1986, the petitioners had been appointed against the sanctioned posts which were sanctioned by the Human Resources Development Department and grants were made available to the University for advancement of teaching of regional and tribal languages. In total sixty two posts in different languages were sanctioned with some posts of Sociology and Geology. Under the scheme made by the Academic Council and Syndicate of the Ranchi University, the petitioners were holding the posts and imparting education of different regional and tribal languages since 1986. As per the direction of the University Grant Commission, the pay scale of the petitioners have been made at par with the University Grant Commission's norms and the University started disbursing the same but the posts created remained temporary and being renewed year to year. In the year 1990 and 1992, the Chair person of the department of Tribal and Regional Languages recommended for regularisation of the petitioners' services vide Annexure-12. The Screening Committee recommended that the Chancellor be moved for absorption of the ad hoc or temporary teachers under the tribal languages who have obtained 55 percent marks and above in M.A. for General and 50% for S.C./S.T. As per the number of posts sanctioned by the Government in Regional and Tribal Languages Department, the same was approved by the High Powered Committee as contained in Annexure 15 along with the list of teachers indicated against the sanctioned posts in which names of the petitioners have also been included. On 7th August, 1993, the University forwarded the said recommendations to the Commissioner, Human Resources Development Department for absorption and regularisation of such teachers. Such recommendation is contained in Annexure 17 to the writ petition but without taking action on such recommendations being made by the Ranchi University, steps are now being taken in advertising the posts for appointment from amongst the public through Bihar State University Service Commission, hence, this petition has been filed for regularisation of the services of the petitioners and also for establishing a Tribal Institute for advancement/development of the Tribal Language in the various Colleges of the Ranchi University.
(3.)In the counter-affidavit filed on behalf of the respondents No. 5 and 6, it has been stated that only on the ground that the petitioners were working for the last several years, there cannot be any question of absorption regularisation against tru' regular sanctioned post as the same is against the provision of the Bihar Universities Act and the Statutes. According to the State Government, the petitioners have been appointed without public advertisement and in clear violation of Sections 35, 57, 57-A and 58 of the Bihar State Universities Act. When the Bihar State University (Constituent College) Service Commission Act, 1987, came in force as per amendment up-to-date, the petitioners being on ad hoc or temporary appointments are eligible to appear in the written test to be conducted by the Commission if they fulfil the norms of the qualifications and get their regular appointments accordingly against the sanctioned posts. The State Government was very much justified in making the posts advertised vide Annexure-19 and also on subsequent dates for filling up the posts by public advertisements. It appears that while considering the stay matter regarding the advertisement for appointment of the Lecturers, this Court passed an order dated 23-5-1995 in the following manner:-
"It is ordered that pending disposal of the application, process of appointment pursuant to the advertisement contained in Annexure 19, so far it relates to filling up the post of regional language is concerned, may continue, but no appointment shall be made until further orders." It was further ordered on 26-5-1995 in the following manner:- "That the petitioner shall also be entitled to appear in the examination without prejudice to the rights and contentions of the parties."
But again an advertisement was made in continuation of the earlier advertisement as contained in Annexure-19 to fill up the posts of Lecturers of Regional Languages. The petitioners again came up for a direction not to fill up the posts and this Court in terms of order dated 26-6-1996 passed the following order:-
"......there being specific order of stay passed on 23rd of May, 1995, there is no need of passing any order. The respondents be adhered to the earlier order dated 23rd of May, 1995 and they will not fill up any post of Lecturers of regional languages until the further orders of this Court."