RAJENDRA AGRICULTURAL UNIVERSITY versus ASHOK KUMAR PRASAD AND ORS.

RAJENDRA AGRICULTURAL UNIVERSITY versus ASHOK KUMAR PRASAD AND ORS.

A statute made by the Board of Management and assented to by the Chancellor under section 36 of the Bihar Agricultural Universities Act, 1987, does not come into force and is not enforceable unless it is published in the Official Gazette as mandated by section 36(4). Until such publication, it is incomplete, and the assent can be withdrawn. Thus, the teachers have no enforceable right to the benefits of the unpublished statute.

Parties
Appellant: Rajendra Agricultural University; Respondents: Ashok Kumar Prasad and Ors.
Jurisdiction
India
Judgment Date
30 November 2009
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
Appeals allowed; order of the High Court set aside; writ petitions dismissed.
Legal Topics
Statutory Interpretation, Time Bound Promotion Scheme, Effect of Non Publication in Official Gazette, Mandatory Statutory Requirements
Service Law Education Law Statutory Interpretation Time Bound Promotion Scheme Effect of Non Publication in Official Gazette Mandatory Statutory Requirements

Case Brief

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Parties

Rajendra Agricultural University

Appellant

Ashok Kumar Prasad and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether in absence of publication of the statute in the Official Gazette as required by section 36(4) of the Bihar Agricultural Universities Act, 1987, a statute made and assented to comes into effect and becomes enforceable
  2. 2 Whether the respondents were entitled to the benefit of the Time-Bound Promotion Scheme

Ratio Decidendi

A statute made by the Board of Management and assented to by the Chancellor under section 36 of the Bihar Agricultural Universities Act, 1987, does not come into force and is not enforceable unless it is published in the Official Gazette as mandated by section 36(4). Until such publication, it is incomplete, and the assent can be withdrawn. Thus, the teachers have no enforceable right to the benefits of the unpublished statute.

Court Disposition

Appeals allowed; order of the High Court set aside; writ petitions dismissed.

Orders

  • The order of the High Court is set aside.
  • Writ petitions filed by the respondents before the High Court are dismissed.