HC bars teachers' principal postings
PATNA, Sept. 4 -- The Patna High Court has set aside the orders of the universities to send college teachers to the newly-constituted degree colleges on deputation without their consent.
"The order of May 27 and letter of June 4 are unsustainable in the absence of their due consent. The order of the vice chancellor passed on the representations of the petitioners negating their claim is also held to be unsustainable and accordingly set aside," said the order of Justice Harish Kumar on Tuesday, while hearing the petition of JP University (Chapra) teachers.
The matter related to deputation of college teachers to the newly-created 211 government degree colleges as principals in-charge.
The government declared these colleges as constituent units of the universities under whose jurisdiction they fell, but the court did not accept that due to absence of due procedures.
"Upon setting aside the impugned orders, any consequential order passed against the petitioners depriving them to put their signatures and withholding of salary also stood quashed and cancelled," the court observed.
The court further said that the "deputation of the petitioners in the new established Rajkiya Degree College is said to be beyond their cadre, as they could not be termed a constituent unit of the university in the absence of any Gazette notification and the procedures required to be followed before declaring it constituent one".
JP University vice chancellor PK Bajpai on Thursday said that he had also just seen the order and would refer it to the Raj Bhawan as well as the counsels for further action in the wake of the court order.
"The court order has not acknowledged these 211 new degree colleges as constituent units of the university and has questioned the deputation. The procedures may have to be looked into," said the VC.
The HC order could have wider ramifications across the state.
The Bihar government had resolved to establish 211 degree colleges in such blocks where there is no degree college and declared them constituent units of the university under whose jurisdiction they would fall.
The government also created 32 teaching and 12 non-teaching post in each college and asked the concerned Universities to post/depute a principal in each college forthwith.
While significant appointments have been made in the new colleges, many of them lack even the basic infrastructure and are running only with arrangement of a few rooms.
The teachers deputed from constituent colleges as principals are also uncertain about their promotional avenues, while the old constituent colleges have witnessed further depletion in their faculty strength due to shifting of teachers.
Earlier on June 24, the Bihar cabinet had given its nod to Bihar State Teacher Transfer Rules 2026, which paved the way for transfer of teachers, head teachers and principals of primary to secondary schools of state without their inputs or consent....
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