PATNA UNIVERSITY AND ANR. versus DR. (MRS.) AMITA TIWARI

PATNA UNIVERSITY AND ANR. versus DR. (MRS.) AMITA TIWARI

Orders directing regularisation of respondent on compassionate grounds are unsustainable as they do not comply with statutory requirements for regular appointment and exceed Chancellor's powers under Sections 9(7)(ii) and 74 of the Bihar State Universities Act, 1976.

Source-derived case information.

Parties
Appellant: Patna University; Appellant: Vice-Chancellor, Patna University; Respondent: Dr. (Mrs.) Amita Tiwari; Intervenor: B.B. Singh
Jurisdiction
India
Judgment Date
27 August 1997
Procedural Posture
Civil Appeal / Appeal Against Judgment of Patna High Court in C.w.j.c. No. 6824 of 1991
Outcome
Appeal allowed; High Court judgment set aside; writ petition dismissed.
Legal Topics
Regularisation, Ad Hoc Appointment, Qualification for Appointment, Powers of Chancellor Under Bihar State Universities Act
Service Law Regularisation Ad Hoc Appointment Qualification for Appointment Powers of Chancellor Under Bihar State Universities Act

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Parties

Patna University

Appellant

Vice-Chancellor, Patna University

Appellant

Dr. (Mrs.) Amita Tiwari

Respondent

B.B. Singh

Intervenor

Procedural Posture

Civil Appeal / Appeal Against Judgment of Patna High Court in C.w.j.c. No. 6824 of 1991

Legal Issues

  1. 1 Whether the respondent's services could be regularised as Lecturer in Home Science under orders of the Chancellor on compassionate grounds
  2. 2 Whether the Chancellor's directions are within the provisions of the Bihar State Universities Act, 1976

Ratio Decidendi

Orders directing regularisation of respondent on compassionate grounds are unsustainable as they do not comply with statutory requirements for regular appointment and exceed Chancellor's powers under Sections 9(7)(ii) and 74 of the Bihar State Universities Act, 1976.

Court Disposition

Appeal allowed; High Court judgment set aside; writ petition dismissed.

Orders

  • Judgment of Patna High Court set aside.
  • Writ petition No. 6824 of 1991 dismissed.