THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY v. BIHAR, PATNA
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7829 of 2011 ====================================================== 1. BIHAR PRADESH PHARMACY TEACHERS ASSOCIATION, SON OF LATE SUDEB NAYAK, AGAMKUAN, PATNA THROUGH ITS PRESIDENT, BINDESHWAR NAYAK, RESIDENT OF VILLAGE AND POST SAHARGHAT, POLICE STATION SAHARGHAT, DISTRICT MADHUBANI. 2. BINDESHWAR NAYAK, SON OF LATE SUDEB NAYAK, RESIDENT OF VILLAGE AND POST SAHARGHAT, POLICE STATION SAHARGHAT, DISTRICT MADHUBANI 3. SHAILENDRA KUMAR, SON OF LATE RAMKRISHNA MEHTA, RESIDENT OF POST OFFICE SONMAI, POLICE STATION DHANAURA, DISTRICT PATNA. .... .... Petitioner/s 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, Versus BIHAR, PATNA. 2. PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, BIHAR 3. SECRETARY, DEPARTMENT OF HEALTH, BIHAR, PATNA. 4. AICTE, 7TH FLOOR, CHANDRALOK BUILDING, JANPATH, NEW DELHI THROUGH ITS CHAIRMAN 5. PHARMACY COUNCIL OF INDIA, COMBINED COUNCIL’S BUILDING, KOTLA ROAD, AIWAN E GHALIB MARG, NEW DELHI THROUGH ITS PRESIDENT. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Kr.Verma, Sr.Adv. For the Respondent/s : Mr. Rajeev Kr. Singh GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 21-03-2013
Legal Reasoning
Heard learned counsel for the petitioners and the State. Petitioner no.1 is an association of teachers of Pharmacy working within the State, represented through its president Bindeshwar Nayak. Bindeshwar Nayak has also appeared in his individual capacity as petitioner no.2. One Shailendra Kumar, petitioner no.3 is the Vice President of the said Association. They seek directions to the respondent authorities to take steps to enhance Patna High Court CWJC No.7829 of 2011 (5) dt.21-03-2013 2/6 the superannuation age of the regular teachers working in Government Pharmacy Institute, Agamkuan, Patna (hereinafter referred to as the Institute) in terms of All India Council for Technical Education [(Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institution (Degree)] Regulations, 2010 (in short the Regulations, 2010). The petitioners too seek enhancement of superannuation age in terms of Regulations, 2010. The history of the Institute in short is that it was established in the year 1958 under the aegis of the Health Department of the State Government. It initially offered Diploma course in Pharmacy. It started imparting B. Pharma courses with the Session 2009-10 to a group of 60 students per batch. According to the petitioners, the Institute would come within the meaning of section 2(g) of the All India Council for Technical Education (AICTE) Act as it includes B.Pharma education as well. Furthermore the Regulations framed by AICTE would also cover the Institute. The petitioners state that the Regulation, 2010 of the AICTE provide for enhancement of age of employees working in technical institute. Consequently, the retirement age of employees of Science and Technology Department, a Government establishment too has been enhanced to 62 from 60 years. The Patna High Court CWJC No.7829 of 2011 (5) dt.21-03-2013 3/6 petitioners submit that the Health Department also has enhanced the age of Medical officers by making amendment in the Bihar Service Code. The Government has also taken a decision to enhance the age of employees of IGIMS. A counter affidavit has been filed on behalf of the Director in chief, Health Services. In para 5 it has been stated that the Institute in question was started in the year 1958 by the State Government for imparting education in pharmacy course for which Pharmacy Council India, New Delhi has been granting temporary conditional affiliation which was extended on session to session basis. In para -6 it has been stated that the Institute is being run and managed by the Health Department, Government of Bihar and petitioners have been appointed by the Government of Bihar and their service conditions including provisions relating to superannuation age are governed under the provisions of Bihar Service Code. In para - 7 respondents state that the Finance Department, Government of Bihar has not come out with any notification amending the provisions of the Bihar Service Code vis-à-vis superannuation age of regular teachers of the Government Pharmacy Institute, Patna. In para-8 it has been stated that teachers working in the Government Pharmacy Institute, Agamkuan, Patna is altogether a separate cadre having Patna High Court CWJC No.7829 of 2011 (5) dt.21-03-2013 4/6 no similarity with the cadre of State Medical Health Service or State Medical Education Cadre or PG Degree holders of IGIC, Patna in whose cases, the Finance department has issued a specific notification for enhancement of age of superannuation to 65 years by making necessary amendment in the Bihar Service Code. The respondents state that the educational qualifications of the teachers of the Institute are quite different from that of the Medical officers of the Health Services/Medical Education Services. Furthermore, the petitioners cannot claim the benefit as a matter of right as for the present there is no proposal for enhancement of the age of the teachers of the Institute. In para-11 they submit that it is not justifiable to equate the case of petitioners with the MIT, Muzaffarpur as the latter is a separate institute under Science and Technology Department whereas the Government Pharmacy Institute, Agamkuan is under the administrative control of the Health Department. The petitioners in 2nd suppl. affidavit state that the Bihar Medical Education Institution (Regulation & Control) (Amendment) Bill, 1993 has amended the Bihar Medical Education Institution (Regulation & Control) Act, 1981 by which an explanation has been added to section 2 of the Act clarifying that the word ‘Medical Education’ in this Act shall also include Patna High Court CWJC No.7829 of 2011 (5) dt.21-03-2013 5/6 Dental Education and Pharmacy Education. The petitioners submit that in view of the amendment they would stand included in the category of Bihar Medical Education Teachers. They state that the enhancement of age of the teachers of the Pharmacy Institute would not involve any financial burden as there are altogether four teachers including the Principal of the Institute. I have heard learned counsel for the petitioners and the respondents. The AICTE Act, 1987 provides for establishment of an All India Council for Technical Education with a view to ensure and cater for proper planning and coordinated development of the Technical education system throughout the country. Section 2(g) of the AICTE Act, 1987 defines Technical education to include Pharmacy education as well. By virtue of regulations framed by the AICTE under section 23 of the AICTE Act, 1987, the age of superannuation of the regular teachers in the Technical Institutes have been enhanced to 65 years from 62 years. Earlier the AICTE had enhanced the age of superannuation of the teachers of Technical Institutions from 60 to 62 years, which was accepted by the Science and Technology Department, Government of Bihar. It further appears from the materials on record that the Institute has only few teachers to teach almost 120 students per session. One of Patna High Court CWJC No.7829 of 2011 (5) dt.21-03-2013 6/6 the teachers has already retired on attaining the age of superannuation. The recommendations and Regulations of the AICTE has a binding force and the Technical institutes falling under the AICTE Act, 1987 would be governed by its provision and Regulations. The Government has already enhanced the retirement age both in Medical Education cadre as well as in Medical officers cadre. In these circumstances, the respondents particularly, the Health Department and the Finance Department, Government of Bihar are directed to consider afresh the plea of the petitioners for enhancing their age in the light of 2010 Regulations as section 2(g) of the AICTE Act, 1987 would include Pharmacy Education as well. Respondents are directed to take decision in the matter within two months from the date of receipt of this order.
Decision
With the aforesaid directions the writ petition is disposed of. Shashi. (Samarendra Pratap Singh, J)