- (1.)These four Writ Petitions filed under Article 226 of the Constitution raise a common challenge to the Bihar State Universities (Amendment and Validation) Act, 2012 (Bihar Act 22 of 2012) (hereinafter referred to as "the Bihar Act 22 of 2012"). The writ petitioners in all these Writ Petitions are the Laboratory Assistants / Junior Laboratory Assistants / Laboratory In charge / Laboratory Technicians / Technical Assistants, etc. (hereinafter cumulatively referred to as "the Laboratory Assistants") in the Non-Government Grant-in-aid Colleges affiliated to the Universities in the State of Bihar.
(2.)It is the claim of the writ petitioners that they are Graduates or better qualified and that they have been designated as Demonstrators by appropriate decision of the State Government. As a Demonstrator, the writ petitioners are teachers within the meaning of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) (hereinafter referred to as "the Universities Act"). They are entitled to the pay scale of a Demonstrator recommended by the University Grants Commission (hereinafter referred to as "the UGC") and accepted by the State Government. The petitioners are also entitled to further promotion to the teaching posts of Lecturer, Reader, and Professor in the hierarchy of the teachers. It is the complaint of the petitioners that in spite of the aforesaid rights conferred upon them by appropriate legislation and the government orders, the same is set at naught by the impugned amendment to the Universities Act.
(3.)The Government of India enjoys the exclusive authority with regard to coordination and determination of standards in institution for higher education and research in scientific and technical institutions (Entry 66 of the Union List of the Seventh Schedule to the Constitution of India). In exercise of the said power, the Government of India has enacted University Grants Commission Act, 1956 (hereinafter referred to as "the UGC Act") to constitute the University Grants Commission. Under the said Act, the Commission is enjoined to take necessary steps for promotion and coordination of university education; for determination and maintenance of standards of teaching, examination and research in Universities; to allocate and disburse out of the fund of the Commission grants to the Universities for the maintenance and development; to recommend the measures for the improvement of university education, etc. The Commission is also empowered to make rules and regulations in furtherance of its objects. In exercise of the said powers, the Commission has made the University Grants Commission (qualification required of a person to be appointed to be teaching staff of a university and institutions affiliated to it) Regulations, 1991 (hereinafter referred to an "the UGC Regulations") and has made certain recommendations from time to time concerning the university education including the hierarchy of teachers in the Universities and in the constituent and affiliated colleges, their eligibility, mode of appointment, pay scales, etc. It appears that the recommendations made by the Commission have been accepted by the State of Bihar for implementation in the Universities in the State of Bihar and in the constituent and the affiliated colleges. In compliance of such recommendations, the State of Bihar has conferred the status of a teacher upon the Demonstrator / Tutors in the colleges giving them the benefit of pay scale of a Lecturer and also the chance of being considered and promoted further in the teachers hierarchy. As suggested by the UGC, the process has been undertaken with a view to abolishing the cadre of the Demonstrator. On promotion of a Demonstrator as a Lecturer, the post of Demonstrator is upgraded and ultimately is abolished when the person occupying such post retires or resigns from service.