M.Y.EQBAL, J. - (1.) HEARD Mr. P.P.N. Roy, learned counsel for the petitioner and Mr. A.K. Sahani, learned counsel for the respondents.
(2.) IN this writ application the petitioners seek issuance of an appropriate direction upon the respondents to take admission of petitioner Nos. 1 and 2 in Ph.D. Course of Horticulture and Agronomy respectively and to take admission of petitioner Nos. 3 and 4 in Ph.D Course of Plant Breeding and Genetics for the Sessions 1999 -2000 along with all admissible salary, allowances, increments during the period of study leave at Birsa Agriculture University, Kanke. Petitioners case is that they are Senior Technical Assistants working under the respondent -University posted in different departments for the last 10 -12 years. It is stated that as per the regulation of the University an employee who has completed 3 years of service, may be admitted for higher education. Accordingly, as per the advertisement the petitioners applied for admission in Ph.D. Programme but they were not admitted for higher studies. Petitioners case is that they have been continuously raising their grievances since 1992 -94 for admission in Ph. D. Programme but they have been denied such benefits by the University.
(3.) IN the counter -affidavit filed by the respondents it is stated, inter alia, that the petitioners are working as Senior Technical Assistants under different ICAR Projects/ Schemes. The facility for nomination under Faculty Development Programme with salary support under existing Regulations is for faculty members (Teacher/Scientists) above Assistant Professors/Junior Scientists. Since Technical Assistants are not faculty members, they are not entitled for nomination under Faculty Development Programme with salary support for doing Ph.D. It is contended that the Faculty Development Committee in its meeting decided that under existing Regulations of the University Senior Technical Assistants do not come under Faculty Development Programme since they are not faculty members. It is further contended that since the petitioners are working under ICAR Scheme and in the light of the objection raised by ICAR, they cannot be relieved for study leave with salary benefits under Faculty Development Programme.;