M.Y.EQBAL, J. - (1.) IN this case the petitioner has prayed for issuance of a writ of mandamus directing the respondents to immediately implement the order and direction of this Court passed on 16.12.1999 in CWJC No. 2104 of 1997 (R) and further to promote the petitioner as University Professor from the due date in accordance with law.
(2.) THE facts of the case lie in a narrow compass: Petitioner was appointed as Lecturer in the Ranchi University and joined one of its constituent College i.e. Ranchi Womens College on 14.11.1972. She did her Ph.D. from Ranchi University on 3.11.1985 and subsequently she was promoted to the post of Reader on 14.11.1985. Thereafter, she was promoted to the post of University Professor on 14.11.1988 under the statute as approved by the Chancellor vide letter No. BSU -27/85 -4032 GS (1) dated 24.12.1986. It is contended that under the said statute Reader possessing qualification of University prescribed by the University Grant Commission serving in a University Department or in a degree college and at least completed 16 years of continuous service as Lecturer/Reader shall on recommendation of the Bihar State University (Constituent Colleges) Service Commission be promoted to the post of University Professor. Petitioners case is that she possesses requisite qualification of University Professor as per the University Grant Commission and had completed 16 years of continuous service in one degree college of the Ranchi University was given promotion to the post of University Professor. After the above promotion, petitioner discharged her duty as University Professor for about 9 years to the full satisfaction of the authorities concerned. However, on 4.6.1997 a notification was issued by the respondents through which the petitioner and others were reverted from the University Professor to the post of Reader without any sufficient reason/cause and without affording a reasonable opportunity of hearing. Consequently, petitioner and 12 others challenged the aforesaid notification before the Honble Court in CWJC No. 2104 of 1997 with a direction to the respondents/University to consider the case of promotion of the petitioner to the post of University Professor. Accordingly, petitioner submitted representation to the Vice Chancellor, Ranchi University, Ranchi requesting to take immediate steps by directing the concerned official to transmit their names forthwith to the Commission so that a formal notification can be issued promotion them to the post of University Professor but till date no decision has been taken.
(3.) IN the counter affidavit filed by the respondent/University, it is stated that in view of provisions contained in Jharkhand State University (Amendment) Act, 2002 which came into force with effect from 6.5.2003, promotion of teachers is to be made only on the recommendation of the Jharkhand Public Service Commission. Respondents further case is that the Screening Committee to screen teachers for promotion is to be properly constituted and has to apply its mind before sending its opinion to the Commission. It is stated that on creation of State of Jharkhand, the Chancellor of University was required to prepare a panel of experts who were to be members of the Screening Committee.;