The State of Bihar, through the Principal Secretary, vs Dr. Jayshree

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.158 of 2025
In
Civil Writ Jurisdiction Case No.16648 of 2016
CNR No. BRHC010163472025
======================================================
The State of Bihar, through the Principal Secretary, Education Department,
Bihar, Patna.
... ... Appellant/s
Versus
1. Dr. Jayshree Wife of Shri Ratiwant Kumar Mallik, Resident of 45, Regency
Gardens Apartment, New Patliputra Colony, P.S. - Patliputra, District- Patna.
2. Dr. Usha Yadav Wife of Shri Shailendra Kumar Yadav, Resident of 4/60,
Officers Flat, Bailey Road, P.S. - Kotwali, District- Patna.
3. Dr. Rita Khare Wife of Dr. Ravi Kumar Sinha, Resident of 206, Uannati
Griham Apartment, Road No. 2, Gardanibagh, P.S. - Gardanibagh, District -
Patna.
4. Dr. Ranjeeta, Wife of Dr. Sanjay Kumar, Resident of B - 401, Officers
Hostel, Bailey Road, P.S. - Kotwali, District- Patna.
5. The Government Women’s College, Gulzarbagh, Patna through its Principal.
6. The Government Women’s College, Gardanibagh, Patna through its
Principal.
7. The Magadh University, Bodh Gaya through its Registrar.
8. The University Grants Commission, New Delhi through its Secretary.
... ... Respondent/s
======================================================
Appearance :
For the State/Appellant : Mr. Ram Anurag Singh, SC-37
For the Resp. 1 : Mr. Abhinav Shrivastava, Sr. Advocate
Mr. Pushkar Bharadwaj, Advocate
Md. Tauseef Waquar, Advocate
For Resp No. 8/UGC : Mr. Amrendra Nath Verma, SC, UGC
For Resp No. 3 & 4 : Mr. D.K. Sinha, Sr. Advocate
Mr. Alexander Ashok, Advocate
Mr. Jawed Akhtar, Advocate
For Resp No. 7/MU : Mr. Siddhartha Prasad, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
CAV JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 05-11-2026
This intra-court appeal has been filed by the
State of Bihar challenging the Order dated 19.09.2024
passed by the learned Single Judge, whereby the learned
Single Judge has allowed the writ petition filed by the
respondent Nos. 1 to 4 herein by stating in paragraph No. 21
onwards as under:-
“21. By letter dated 19.11.1981 issued by the
Education Department, Government of Bihar
the Teachers / Lecturers working under the
Government Women's College, Gulzarbagh
/Gardanibagh under the Bihar Education
Service Class-I and Bihar Education Service
Class- II were declared Ex-Cadre post and the
Government decided to extend the benefit of the
UGC pay scale revised from time to time to the
Teachers working under the Government
Women's College, Gulzarbagh and
Gardanibagh, Patna.
22. The lecturers working in the Colleges in
question were also granted time bound
promotion in the UGC pay scale upon
completion of ten years of regular service on
the recommendation of the BPSC vide
notification dated 13.07.1993. The State
Government in the Higher Education
Department issued letter dated 20.07.2001
(Annexure- 6) by which the Government
implemented the UGC package which was
communicated to the Registrars of different
Universities as well as Principals of the
Government Women's College, Gardanibagh
and Gulzarbagh. This contained not only the
provisions with respect to pay scale admissible

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to the Teachers working in the Colleges under
different Universities but also made applicable
to the Teachers working under Government
Women's Colleges. It also laid down the
provisions in relation to the recruitment and
qualification for appointment as Teachers in the
Colleges and Universities as well as the
provisions regarding Career Advancement
Scheme as contained in Clause-7 to the
Appendix-I to the said letter. Upon perusal of
Appendix-I of the UGC package in relation to
the coverage of the package it says that the
scheme applies to Teachers in all Universities
(excluding Agriculture Universities),
Constituent Colleges, Deficit Grant College
including minority colleges and Government
Girls Colleges. The Teachers working in
Agricultural, Medical and Veterinary Colleges
were excluded subject to the terms and
conditions envisaged in the
communication/package. Clause-7 of the
package deals with Career Advancement
Scheme.
23. It is pertinent to note here that in
supersession of the statutes of promotion as
assented to by the Hon'ble Chancellor and
notified vide letter no. BSU 20/95-2133/GS (1)
dated 23.09.1995 & BSU 20/95-2132/GS (1)
dated 23.09.1995 the statute for Career
Advancement Scheme was implemented with
effect from 27.07.1998.
24. Subsequently, the State Government in the
Human Resource Development Department
came out with another resolution dated
29.07.2010 by which the benefit of UGC revised
pay scale were implemented in relation to the
Teachers working in different Colleges and
Universities with effect from 01.01.2006 and the
same benefit was also extended to the Teachers

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of the Government Women's College,
Gardanibagh/Gulzarbagh, Patna. Save and
except the matter of age of superannuation, all
other issues including the matter of revised pay
scale, appointment and promotion were
implemented with effect from 01.01.2006. The
petitioners were also extended the benefit of
revision of their pay scale with effect from
01.01.2006 under the UGC pay scale and
designation of the petitioners was also changed
from "Lecturer" to "Assistant Professor".
25. From close reading of the decisions of the
State Government dated 20.07.2001 as well as
29.07.2010 it is clear that implementation of the
UGC package was not only restricted to the
Teachers working in the Colleges under
different Universities but also admissible to the
Teachers working in the Government Women's
College at Gulzarbagh and Gardanibagh,
Patna.
26. Since 1981 when the post of Lecturer in the
Government Women's College at Gulzarbagh &
Gardanibagh, Patna were declared as Ex-
cadre post, the pay scale including the UGC
pay scale admissible to the Teachers working in
the Colleges under the Universities were
granted to the Teachers in the Government
Women's College, Gardanibagh / Gulzarbagh,
Patna.
27. The reliance upon the judgment of this
Court passed in LPA No. 211 of 2013 is not
applicable in the facts of the present case
inasmuch as the claim of petitioner of that case
was regarding enhancement of age of
superannuation of Teachers working under
Government Women's College. In absence of
any policy decision regarding enhancement of
age of superannuation, the Appeal filed by the
appellant was dismissed but in the present case

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the petitioners are seeking the benefit under the
decision of the State Government regarding
grant of benefit of UGC package which was
duly notified and made applicable to the
Teachers working in the Government Women's
College, Gardanibagh and Gulzarbagh, Patna.
Clause- 2 of the resolution dated 29.07.2010
demonstrates that except the issue of age of
superannuation all other issues including
revised pay scale, appointment and promotion
were made applicable to the Teachers working
in the Government Women's College,
Gardanibagh / Gulzarbagh.
28. Considering the discussions held
hereinabove and the decision of the State
Government in the Higher Education
Department to implement the UGC package not
only with respect to the Colleges under different
Universities but also with respect to the
Teachers working in the Government Women's
College, Gardanibagh / Gulzarbagh, Patna, in
my considered opinion the petitioners are also
entitled for consideration of their cases for
promotion under the Career Advancement
Scheme as contained in Clause-7 of the UGC
package appended to as Appendix I to the
decision of the State Government dated
20.07.2001 in terms of Statutes for Career
Advancement Scheme implemented w.e.f.
27.07.1998.
29. In the result, this writ application is
allowed.
30. The respondent / State Government
including the respondent / University are
directed to consider the case of the petitioners
for promotion under the Career Advancement
Scheme as per Clause-7 of the UGC package
appended to as Appendix -I to the letter dated
20.07.2001 in terms of statutes regarding

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Career Advancement Scheme framed by the
Hon'ble Chancellor.
31. Final decision in this regard must be taken
by the respondents within a period of five
months from the date of receipt/production of a
copy of this order.
32. There shall be no order as to cost.”
2. The writ petition was filed by the respondent
Nos. 1 to 4 for a direction to the appellants to consider their
cases for promotion to the rank of Assistant Professor
(Senior Scale) and Associate Professor in terms of the
provisions of the statutes/ Career Advancement Scheme as
applicable in cases of Teachers working in different
Universities and Colleges governed issued by the University
Grants Commission (UGC).
3. Suffice to state that the respondent Nos. 1, 2
& 3 are working as Assistant Professor in the subjects of
Geography, Hindi and Music in the Government Women's
College, Gulzarbagh, Patna and respondent No. 4 is working
as Assistant Professor in Chemistry at Government Women's
College, Gardanibagh, Patna. There is no dispute that both
the colleges are affiliated to Magadh University and
recognized by the UGC.
4. Pursuant to advertisement dated 04.09.1996
published by the Bihar Public Service Commission (In short

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‘Commission’), applications were invited for 15 posts of
Lecturers in different subjects at Government Women's
College, Gardanibagh and Gulzarbagh, Patna. The
respondents were appointed on the post of Lecturers vide
memo dated 17.03.1998.
5. By letter dated 19.11.1981 the State
Government took a decision to declare the post of Principal
and Lecturers in the Government's Women's College,
Gulzarbagh and Gardanibagh, Patna as Ex-Cadre post and to
grant UGC pay scale admissible to teachers working in the
Colleges and/or Universities within the State of Bihar. The
same was made applicable to the teachers working in
Government Women's Colleges under the administrative
control of State Government having affiliation from Magadh
University. It is also noted that the Colleges in question are
recognized by the UGC resulting in the UGC providing
financial assistance to eligible colleges.
6. By the notification dated 13.07.1993 issued
by the State Government in the Department of Human
Resources Development, the persons working against the
post of teachers in different subjects at Government
Women's College were granted first time bound promotion

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in the UGC pay scale upon completion of 10 years of regular
service in the college on the recommendation of the
Commission.
7. It is also noted from the record that a letter
dated 20.07.2001 was issued by the appellant under the
Higher Education Department, Government of Bihar, by
which decision was taken to implement the UGC package
and the same was duly notified. By the said letter, the State
Government took a decision to implement UGC package as
contained in Appendix-I attached to the said letter which
contains provisions with regard to revision of pay scales,
minimum qualifications for appointment, other service
conditions of university and college teachers as a measure
for improvement as well as maintenance of standards in
higher education.
8. It is noted by the learned Single Judge that
subsequently, UGC issued regulations containing the
provisions with regard to revision of pay scale of teachers
working in the colleges and universities and vide resolution
dated 29.07.2010, the appellant State implemented revised
pay scales in relation to the teachers working in different
colleges and universities within the State of Bihar with effect

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from 01.01.2006. Similar benefit of UGC revised pay scales
with effect from 01.01.2006 was also implemented in
relation to teachers of the Government Women's College,
Gardanibagh/Gulzarbagh, Patna, where the private
respondents are working.
9. The case of the respondents before the
learned Single Judge was that the respondents were given the
benefit of the UGC revised pay scales as they were working
in colleges under recognized universities. Similarly, it was
also their case that vide letter dated 20.07.2001 issued by the
Higher Education Department, the State Government took a
decision to implement UGC package including revised pay
scale, minimum qualification for appointment and other
service conditions of university and college teachers as
contained in Appendix-I.
10. It may be stated here that the case of the
respondents was also that Appendix-1 contained the
provisions with respect to pay scale admissible to teachers as
also lays down the provision regarding recruitment and
qualification for appointment of teachers as well as the
provisions regarding promotion in terms of Career
Advancement Scheme as contained in Clause- 7 to

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Appendix-I.
11. It was also the case of the respondent Nos. 1
to 4 that the appellant came out with a further Resolution
dated 29.07.2010 by which the benefits of UGC revised pay
scales were implemented with effect from 01.01.2006 for
teachers working in different colleges and universities within
the State of Bihar including for the teachers of the
Government Women's College, Gardanibagh and
Gulzarbagh, Patna.
12. According to the respondent Nos. 1 to 4,
except the matter of age of superannuation, all other issues
including matter of revised pay scale, appointment and
promotion would be implemented with effect from
01.01.2006. According to the respondent Nos. 1 to 4, that
pursuant thereto the petitioners were given the benefit of the
revision of their salary with effect from 01.01.2006 in the
UGC revised pay scales.
13. The case of the appellant before the learned
Single Judge was that the Ex-Cadre post of Principal and
Lecturers of the colleges are only for the purpose of
implementing the salary as per the recommendation of the
UGC and other benefits applicable to the respondents, are

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applicable as per Bihar Education Service Rules.
14. It was stated that the service conditions of
university teachers are governed by the Universities Act and
UGC Act while the service conditions of the Government
Women's Colleges are governed by Bihar Service Code and
Rules framed thereunder.
15. It was stated that the teachers in
Government colleges are members of the Bihar Education
Service. Therefore, promotion under the Career
Advancement Scheme made under the Universities Act is
not applicable to Government college employees. The
teaching staff of the Government Women's College are
appointed by the Government and they are Government
employees, whereas, the university teachers and other
teachers of the non-Government colleges affiliated to
universities are university employees as such, both cannot be
treated equally.
16. We have already reproduced the conclusion
drawn by the learned Single Judge in allowing the writ
petition filed by the respondents herein. It may be stated here
that the learned Single Judge has, in paragraph No. 22 while
allowing the writ petition primarily, relied upon the

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Notification issued by the Higher Education Department
dated 20.07.2001 to hold that the same does not only contain
provisions with respect to pay scale admissible to the
teachers working in the colleges under different universities
but also made applicable to the teachers working under
Government Women's Colleges.
17. He has referred to Clause- 7 of Appendix-I
to the said letter to hold that Appendix-I is in relation to the
coverage of the package and the same stipulates its
applicability to teachers in all universities, constituent
colleges and government girls colleges also. He has also
stated that Clause- 7 of the package deals with Career
Advancement Scheme.
18. In this regard, we may reproduce Clause- 7
of the Career Advancement Scheme.
7. CAREER ADVANCEMENT SCHEME
(A) (i) Minimum length of service for
eligibility to move into the grade of Lecturer
(Senior Scale) would be four years for those
with Ph. D., five years for those with M.
Phil., and six years for others at the level of
Lecturer, and for eligibility to move into the
Grade of Lecturer (Selection Grade) /
Reader, the minimum length of service as
Lecturer (Senior Scale) shall be uniformly
five years.
(ii) For movement into grades of Reader and
above, the minimum eligibility criterion

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would be Ph. D. Those without Ph. D. can go
up to the level of Lecturer (Selection Grade).
(iii) A Reader with a minimum of eight years
of service in that grade will be eligible to be
considered for appointment as a professor.
(B) LECTURER (SENIOR SCALE)
A Lecturer will be eligible for placement in a
senior scale through a procedure of
selection, if she/he has :
(i) Completed, 6 years of service
after regular appointment with relaxation of
one year and two years, respectively, for
those with M.Phil and Ph.D.
(ii) Participated in one
orientation course and one refresher course
of approved duration, or engaged in other
appropriate continuing education
programmes of comparable quality as may
be specified or approved by the University
Grants Commission. (Those with Ph.D.
degree would be exempted from one
refresher course).
(iii) Consistently satisfactory
performance appraisal reports.
(C) LECTURER (SELECTION GRADE)
Lecturers in the Senior Scale who do not
have a Ph.D. degree or equivalent published
work, and who do not meet the scholarship
and research standards, but fulfill the other
criteria given above for the post of Reader,
and have a good record in teaching and,
preferably, have contributed in various ways
such as to the corporate life of the
institution; examination work, or through
extension activities, will be placed in the
Selection Grade, subject to the Selection as
per the procedure of promotion to the post of

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Reader. They will be designated as Lecturers
in the Selection Grade. They could offer
themselves for fresh assessment after
obtaining Ph.D. and/or fulfilling other
requirements for promotion as Reader and, if
found suitable, could be given the
designation of Reader.
(D) READER (PROMOTION)
A Lecturer in the Senior Scale will be
eligible for promotion to the post of Reader
if she/ he has:
(1) Completed 5 years of service
in the Senior Scale;
(ii) Obtained a Ph.D. degree or
has equivalent published work;
(iii) Made some mark in the
areas of scholarship and research as
evidenced e.g. by self-assessment, reports of
referees, quality of publications, contribution
to educational innovation, design of new
courses and curricula and extension
activities.
(iv) After placement in the
Senior Scale, participated in two refresher
courses/summer institute of approved
duration, or engaged in other appropriate
continuing education programmes of
comparable quality as may be specified or
approved by the University Grants
Commission, and
(v) Possesses consistently good
performance appraisal reports.
Promotion to the post of Reader will be
through a process of selection, the mode of
selection is to be laid down in relevant
statutes.
(E) PROFESSOR (Promotion,)

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In addition to the sanctioned position of
Professors, which must be filled in through
direct recruitment through all India
advertisements, Promotions may be made
from the post of Reader to that of Professor
after 8 years of service as Reader.
(1) The mode of Selection for
promotion to the post of Professor should be
the same as that for direct recruitment. For
the promotion from Reader to Professor, the
following method of promotion may be
followed.
(ii) The candidate should
present herself/himself before the competent
body with some of the following:
a. Self-appraisal reports
(required).
b. Research
contribution/books/articles published.
c. Any other academic
contribution. The best three written
contributions of the teacher (as defined by
her/him) may be sent in advance to the
Experts to review before coming for the
selection. The candidate should be asked to
submit these in three (3) sets with the
application,
d. Seminars/Conferences
attended.
e. Contribution to
teaching/academic environment/institutional
corporate life.
f. Extension and field outreach
activities.
(iii) The requirement of
participation in orientation/refresher
course/summer institutes, each of at least 3
to 4 weeks duration, and consistently
satisfactory performance appraisal reports,

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shall be the mandatory requirement for
Career Advancement from Lecturer to
Lecturer (Senior Scale) and from Lecturer
(Senior Scale) to Lecturer (Selection Grade).
Wherever the requirement of
orientation/refresher course has remained
incomplete, the promotions would not be
held up but these must be completed by the
year 2002.
The requirement for completing these
courses would be as follows:
(i) For Lecturer to Lecturer
(Senior Scale), one orientation course would
be compulsory for University and college
teachers. Those without Ph.D. would be
required to do one refresher course in
addition.
(ii) Two refresher courses for
Lecturer (Senior Scale) to Lecturer
(Selection Grade).
(iii) The senior teachers like
Readers/ Lecturers (Selection Grade) and
Professors may opt to attend two
Seminars/Conferences in their subject area
and present papers as one aspect of their
promotion/selection to higher level or attend
refresher courses to be offered by ASCs for
this level.
7. COUNTING OF PAST SERVICE
Previous service without any break is a
Lecturer or equivalent, in a university,
college, national laboratory, or other
scientific organizations, e.g. CSIR, ICAR,
DRDO, UGC, ICSR, ICHR and as a UGC
Research Scientist, should be counted for
placement of lecturer in Senior
Scale/Selection Grade provided that:
(i) The post was in an

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equivalent grade/scale of pay as the post of a
Lecturer;
(ii) The qualifications for the
post were not lower than the qualification
prescribed by the UGC for the post of
Lecturer;
(iii) The candidates who apply
for direct recruitment should apply through
proper channels;
(iv) The concerned Lecturers
possessed the minimum qualifications
prescribed by the UGC for appointment as
lecturers;
(v) The post was filled in
accordance with the prescribed selection
procedure as laid down by the
University/State Government/ Central
Government / Institution's regulation;
(vi) The appointment was not
ad-hoc or in a leave vacancy of less than one
year duration. Ad-hoc, service of more than
one year duration can be counted provided: -
(a) The ad-hoc service was of
more than one year duration.
(b) The incumbent was
appointed in accordance with the prescribed
norms.
(c) The incumbent was selected
to the permanent post in continuation to the
ad-hoc service, without any break.”
19. We have already reproduced paragraph No.
23 of the judgment of the learned Single Judge, wherein
learned Single Judge has held that the UGC package is being
implemented in supersession of the statutes of promotion as
assented by Hon’ble Chancellor. The statute of Career

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Advancement Scheme was implemented with effect from
27.07.1998. The conclusion of the learned Single Judge in
paragraph No. 28 of the impugned judgment, is allowing the
petition. The aforesaid conclusion of the learned Single
Judge is clear that the colleges in which the respondents are
working are the Government colleges in the State of Bihar.
20. The State Government has formally adopted
and notified the UGC package in respect of pay scales,
minimum qualifications for appointment and other service
conditions of university and college teachers as a measure to
improve as well as maintenance of standards of higher
education. The same has been adopted by the State
Government in terms of the the Gazette Notification dated
20.07.2001 as well as 29.07.2010.
21. It follows that though the UGC package
including Career Advancement Scheme may not be
automatically made applicable, but the same having been
adopted by the Higher Education Department in respect of
Government colleges, there cannot be any reason for the
State Government to deny the benefit of Career
Advancement Scheme as the same gets covered under
words "other service conditions of university and college

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teachers" with which the Appendix-I deals with.
22. We have already reproduced Clause- 7 of
Appendix-I above, the same also, in fact, deals with Career
Advancement Scheme Lecturers/Assistant Professors, which
the respondents are working as.
23. We may also at this stage state that the
appellant had relied upon a judgment of this Court in LPA
No. 211 of 2013, which has been distinguished by the
learned Single Judge to say that it has no applicability as the
same refers to a policy decision regarding enhancement of
age of superannuation.
24. Suffice to state that during the course of his
submissions, Mr. Abhinav Shrivastava, learned Senior
Counsel appearing on behalf of respondent No. 1 has fairly
conceded that the age of superannuation of the respondents
working as Assistant Professor is 62. In that sense, the age of
superannuation under CAS has not been made applicable to
the respondents.
25. The scope of interference in an intra-court
appeal is well settled unless the judgment is erroneous in
law, the same is not required to be interfered with.
26. In view of our discussion, it is clear that

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there is some basis for the learned Single Judge to allow the
writ petition in favour of the respondents with which we
concur. We accordingly find that the present intra-court
appeal is without any merit and the same is liable to be
dismissed.
27. We order accordingly.
28. Pending I.A., if any, also stand disposed of.


(V. Kameswar Rao, CJ)
(Harish Kumar, J) : I agree.
(Harish Kumar, J)
Guddukr/-
AFR/NAFR AFR
CAV DATE 08.10.2026
Uploading Date 05.11.2026
Transmission Date NA