The State of Bihar vs Akhilesh Chandra Kashyap

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.616 of 2025
In
Civil Writ Jurisdiction Case No.4926 of 2022
CNR No. BRHC010590362025
======================================================
1. The State of Bihar Through its Secretary, Science and Technology
Department, Government of Bihar, Patna.
2. The Secretary, Science and Technology Department, Government of Bihar,
Patna.
3. The Director, Science and Technology Department, Govt. of Bihar, Patna.
4. The Joint Secretary, Science and Technology Department, Govt. of Bihar,
Patna.
5. The Secretary, Department of Finance, Bihar, Patna.
6. The Authorised Officer, P.C.F.C. (Personal Claim and Fixation Cell),
Department of Finance, Government of Bihar, Patna.
7. The Accountant General, Biahr Birchand Patel Marg, Patna.
... ... Appellant/s
Versus
1. Akhilesh Chandra Kashyap S/o Ram Deo Prasad R/o Kashyap Bhawan,
Sarvoday Nagar, P.S. Nokha, District- Rohtas.
2. Abhay Kumar Singh S/o Bindeshwari Singh R/o Village - Rampur, P.S.
Gorari, District- Rohtas.
3. Shiv Kumar Ray S/o Upendra Narayan Ray R/o Damu, P.S. Basopati,
District- Madhubani.
4. Manish Kumar S/o Lalit Prasad R/o Dharampur Asta, P.S. Noorsarai,
District- Nalanda.
5. Dr. Kanhaiya Kumar S/o Bacha Lal Thakur R/o Village Kuahin, Dakhinwari
Tola, P.S. Baruraj, District- Muzaffarpur.
6. Dr. Raj Shekhar Prasad S/o Laxman Poddar R/o/8E/13 Bahadurpur Housing
Colony, Near New Augamkuan Thana, P.S. Agamkuan, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rakesh Kumar, GA-4
Mr. Pratik Kumar Sinha, AC to GA
For the Respondent/s : Mr. Harsh Singh, Adv.
Mr. Abhijeet, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT

Patna High Court L.P.A No.616 of 2025 dt.03-11-2026
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(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-11-2026
Re: I.A. No. 01 of 2025
This is an application seeking condonation of delay of
75 days in filing the appeal.
2. For the reasons stated in the application and the
learned counsel for the respondents is not seriously contesting
the application, we condone the delay of 75 days in filing of the
appeal.
3. The Interlocutory Application No. 01 of 2025 is
disposed of.
Re: LPA No. 616 of 2025
4. We have heard the learned counsel for the parties
even on the appeal challenging the judgment dated 13.02.2025
whereby the learned Single Judge has allowed the writ petition
filed by the respondents herein by stating in paragraph no.18
onwards as under :
18. Having heard learned counsel for the
parties and perused the Notification No.9631
dated 02.12.2019 published in the
extraordinary Gazette on 03.12.2019, in my
opinion, no departmental committee has the
authority to negate a policy decision or
resolution made by the State Government,
nor can they provide an interpretation that
significantly differs from the explicit wording

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of the resolution. The Notification No.9631
dated 02.12.2019 is incorporated
hereinbelow:
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19. Having perused the materials available
on record, it manifests that the State
Government has adopted the AICTE
Regulation 2019 promulgated vide
notification dated 01.03.2019, the Finance
Department, Government of Bihar vide its

Patna High Court L.P.A No.616 of 2025 dt.03-11-2026
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resolution contained in Notification No.9631
dated 02.12.2019 published in extraordinary
Gazette on 03.12.2019 and give effect to the
aforesaid Regulations framed by AICTE with
effect from 01.01.2016. Therefore, since the
State Government has implemented the
AICTE Regulation 2019, it cannot disregard
this resolution by establishing a committee to
oversee it.
20. Considering the whole conspectus of the
matter, this writ petition is allowed and the
Respondent Authority is directed to
implement the said resolution and give the
effect to Clause-5 of the Notification No.9631
dated 02.12.2019 issued by the Finance
Department published in extraordinary
Gazette on 03.12.2019 by the Government of
Bihar, which which provides for five non-
compounded advance increments at the entry
level of a recruitee as an Assistant Professor
possessing a Ph.D, while two non-
compounded advance increments at the entry
level of a recruitee as an Assistant Professor
possessing post-graduate degree in M.Tech
and three advance non compounded
increments to teachers who complete their
Ph.D degree while in service as Assistant
Professor, in the Technical Colleges under
Department of Science & Technology, Govt.
of Bihar, fixed at entry level with effect from
01.01.2016.
21. Considering the facts and circumstances
of the case, the concerned Respondent
Authority is directed to complete the exercise
for giving the non-compoundable increment
to the petitioners within three months from the
date of receipt/production of a copy of this
order.
22. With the aforementioned direction, this

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instant writ petition stands disposed of.
5. The claim of the respondents before the learned
Single Judge was for grant of advance increments on their
appointment on the post of Assistant Professor having
M.Tech/Ph.D. They had relied upon the Regulations framed by
the All India Council for Technical Education, New Delhi
(hereinafter referred to as ‘the AICTE’) in the year 2019 as
notified on 01.03.2019.
6. It is the conceded case of the parties that the
Finance Department of Government of Bihar, the appellant
herein had also issued Notification No. 9631 dated 02.12.2019
published in the extraordinary Gazette on 03.12.2019 whereby
they have adopted and given effect to the Resolutions framed by
the AICTE with effect from 01.01.2016.
7. In this regard, we reproduce Clause 2.22 of the
AICTE Regulation in the following manner :
“ 2.22 Incentives for Ph. D. and other Higher
Qualification
(i) Five non-compounded advance increments
shall be admissible at the entry level of a
recruitee as an Assistant Professor possessing
a Ph.D. awarded in a relevant discipline by
the recognized University following the due
process of admission test, course work and
external evaluation as prescribed by the UGC
or the admission process adopted by the

Patna High Court L.P.A No.616 of 2025 dt.03-11-2026
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institutes established under the Act of
Parliament or students having valid
GATE/GPAT score for admission to Ph.D. or
students selected for Ph.D. program under
National Doctoral Fellowship program of
AICTE /Prime Minister's Research Fellowship
program.
(ii) Those possessing Post-graduate degree in
M.Tech./ M. Arch. / M. Plan./M. E./ M.
Pharm. / M. Des./M. S. etc. recognized by the
relevant statutory body/council shall be
entitled to two non-compounded advance
increments at the entry level.
(iii) Teachers who complete their Ph.D.
degree while in service as Assistant Professor
shall be entitled to three non-compounded
increments fixed at increment applicable at
entry level as Assistant Professor only if such
Ph.D. is in a relevant discipline of the
discipline of employment and has been
awarded by a recognized University following
the due process of admission test, course work
and external evaluation as prescribed by the
UGC or the admission process adopted by the
institutes established under the Act of
Parliament or students having valid
GATE/GPAT score for admission to Ph.D. or
students selected for Ph.D. program under
Quality Improvement Program (QIP)/Teacher
Research Fellowship (TRF).”
8. The learned Single Judge has also reproduced in the
impugned order more specifically in paragraph no.18, the
decision of the Government of Bihar adopting the Regulations
of the AICTE as already reproduced.
9. The aforesaid position being undisputed, the case of

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the appellants before the learned Single Judge and even before
us is that the said stipulation that is Clause 2.22 of the AICTE
Regulations is only applicable to candidates who have been
appointed as Assistant Professor with Ph.D. or higher
qualifications before or while in service.
10. This stand of the appellants has been rejected by
the learned Single Judge in paragraph nos. 19 and 20 of the
impugned order with which we concur.
11. It must be held that the stand taken by the
appellants even before the learned Single Judge and even before
us is an erroneous stand. More so on the face of it, Clause 2.22
is clear that the candidate shall be entitled to the two increments,
if he possesses Post-Graduate Degree in
M.tech/M.Arch./M.Plan./M.E./M.Pharma/M.Des/ M.S. etc.
12. Similarly, a teacher who has completed the Ph.D.
Degree while in service as Assistant Professor shall be entitled
to three non-compounded increments fixed at increment
applicable at the entry level as Assistant Professor only, if such
Ph.D. is in relevant discipline of employment and has been
awarded by a recognized University. There is no dispute that
two of the respondents possess Ph.D. Degree, one of whom has
acquired the same while in service. In other words, the other

Patna High Court L.P.A No.616 of 2025 dt.03-11-2026
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respondent had already acquired Ph.D. before appointment.
13. We are of the view that no error can be found in
the impugned order of the learned Single Judge. The present
appeal is without merit and is liable to be dismissed. We order
accordingly. No costs.
14. We make it clear that if the impugned order of the
learned Single Judge is not implemented within a period of six
months from today by granting the benefits as directed, the
respondents herein shall be entitled to interest on the amount
payable in terms of the order of the learned Single Judge @ 6
per cent per annum.
15. Pending application(s), if any, has become
infructuous and the same is also disposed of.

(V. Kameswar Rao, CJ)
(Partha Sarthy, J)
shailendra/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 06.11.2026
Transmission Date