Agricultural Income, Agricultural Income-Tax, Aliyasantana Family or Branch, Assessee, Exempted Extent of Land, Garden Land, Hill Area, Hindu
Undivided Family, Land, Landlord, Marumakkattayam Tarwad or Tavazhi, Plantation, Standard Acre, Total Agricultural Income
Bihar State Universities (Amendment and Validation) Act, 2012
[Bihar Act 22, 2012]
To amend the Bihar State Universities Act, 1976 (Bihar Act 23, 1976)
Preamble.—Whereas, it is most expedient to make the University Act consistent with and
in conformity with standards of University Grants Commission (U.G.C.);
And, whereas, anomalies exist in the provisions of The Bihar State
Universities Act, 1976 so amendment is essential for bringing the Act on the line of
different regulations/ direction/ instruction of UGC and define teacher in conformity with
the definition incorporated in various regulations of UGC and orders issued by Govt. of
And, whereas, vide government letter no. 1216 dated 18-09-75 all the ViceChancellors of the State have been informed of the abolition of the post of Demonstrator in
the light of UGC recommendation. Decision of the State Govt. has also been communicated
to the Universities that the Demonstrators appointed on the sanctioned post before 01-01-
1973 shall continue but the post shall not be filled up in case of vacancy caused due to
retirement or death of the said post holders. On the post sanctioned before 01-01-1973 and
appointed temporarily by 18-09-1975, such temporary demonstrators were to be examined
in respect of qualification and on finding them fit for permanent appointment concurrence
was to be obtained from Bihar State University Service Commission.
And, whereas, all university including Magadh University had been informed vide
letter no. 1789 dated 26-08-1977 that on the recommendation of Govt. of India, the post of
Demonstrator had been abolished and that no appointment was to be made on such posts. In
this letter, Govt. of India decision was quoted as follows :- “The revised scale of Rs. 500-
900 is for the existing Demonstrator/Tutors only. In future Demonstrator/Tutors shall not be
appointed in the Universities and Colleges”¸
And, whereas, the UGC Regulation, 1991 prescribed qualification for appointment
to teaching post.
And, whereas, the UGC recognises only three tier teaching post namely Lecturer,
Reader and Professor.
And, whereas, definition of Teacher under the Bihar State Universities Act, 1976 is
not clear, due to which non teaching employees not holding the qualification of a teacher
have been defined as a Teacher from the date of appointment and the question of adjustment
of service of non-teaching employees appointed/ working against Unsanctioned Post on the
basis of Staffing Pattern has arisen. Therefore for promotion of educational environment and
for attaining academic excellence in these institutions as per the expectation of U.G.C., it is
essential to amend the existing relevant provisions of The Bihar State Universities Act,
And, whereas, the Division Bench of Patna High Court, Ranchi Bench in LPA No.
274/1997 (R) while partly allowing the appeal set aside the direction of the Single Judge
dated 3.4.1997 in CWJC No. 2176/1996(R) to treat the Lab. Assistant as teacher
And, whereas, the apex court while dismissing Civil Appeal No. 4215-16/2002 dated
22.7.2002 held that the order of the Division Bench cannot be faulted with apart from the
fact that no such specific prayer was made. The Bench observed that such general direction
could not be issued as the qualifications and other relevant facts in respect of each Lab.
Assistants may have to be examined by the State Government while considering their
representation. The Hon’ble apex court did not find merit in the challenge made aginst that
part of the order of the Division Bench. The apex court held that Lab personnel can’t be
And, whereas, after the Cabinet decision letter No. 1115 dated 14.6.2006 was issued
for re-designation of Lab. Personnel.
And, whereas, modification in the letter no. 1115 was made vide memo no. 1456
dated 1.8.2006 without cabinet decision.
And, whereas, on 18.12.2008 the State Govt. clarified that re-designation as
Demonstrator was issued only for pay scale and allowance and not to convert them as
And, whereas, on 21.9.2010 the Hon’ble Patna High Court in CWJC No. 1377/2010
held that re-designated Demonstrators acquired the status of teacher in terms of the
definition of teacher under the Bihar State Universities Act, 1976 and as such entitled to all
And, whereas, on appeal LPA Court in LPA No. 981/2011 dated 11.7.2011 held that
inspite of the decision of the Division Bench of the then Ranchi Bench of the Patna High
Court confirmed by the Hon’ble Supreme Court, the Government of Bihar in its wisdom
took a decision on 14.6.2006, to re-designate the graduate Laboratory Assistant/Junior
Laboratory Assistant/Laboratory Incharge/ Lab. Technician/Technical Assistant, etc.
appointed in the Laboratory of the constituent colleges as Demonstrators. Under the said
decision, it was specifically decided that since re-designation as Demonstrators the
concerned employees will be entitled to all the benefits of the post of Demonstrator.
And, whereas, the apex court dismissed SLP(C) No. CC-1324/2012 filed against the
order of said LPA in limine.
And, whereas, redesignation of non teaching posts has arisen on account of
vagueness and flaw in the definition of ‘teacher’.
And, whereas, the State Cabinet decided to rectify mistake in the light of legal
opinion and the observation of the LPA court and decided to withdraw the previous decision
of re-designation of Lab. Personnel as Demonstrator with effect from the date of issuance of
letter of re-designation dated 14.6.2006 and its modification dated 1.8.2006 and
Government resolution no. 608 dated 10.4.2012 was issued.
And, whereas, it is necessary to amend the definition of the teacher to exclude the
non-teaching employee Lab. Personnel re-designated Demonstrator with effect from the date
of re-designation, as UGC and Central Govt. do not recognise Demonstrator as teaching
employee in the context of observation of the LPA court in LPA No. 981 of 2011 as well as
Be it enacted by the Legislature of the State of Bihar in the sixty third year of the
Republic of India as follows :-
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