THE STATE OF BIHAR ETC. versus DR. BRAJ KUMAR MISHRA AND ORS.

THE STATE OF BIHAR ETC. versus DR. BRAJ KUMAR MISHRA AND ORS.

Since the respondent’s eligibility and qualifications for promotion under the 16 years scheme were admitted and the only obstacle (additional criteria) had been withdrawn as ultra vires, the Court was justified in directing promotion with effect from 1.2.1985 instead of remanding the matter to the Commission.

Parties
Appellant: State of Bihar; Respondent: Dr. Braj Kumar Mishra; Appellant: University
Jurisdiction
India
Judgment Date
02 November 1999
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Patna High Court
Outcome
Appeals dismissed
Legal Topics
Promotion, Time Bound Promotion Scheme, Articles 226 and 227
Constitutional Law Service Law Promotion Time Bound Promotion Scheme Articles 226 and 227

Case Brief

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Parties

State of Bihar

Appellant

Dr. Braj Kumar Mishra

Respondent

University

Appellant

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Patna High Court

Legal Issues

  1. 1 Whether the respondent was eligible for promotion under the 16 years time bound scheme and whether the High Court was justified in granting promotion from an earlier date after quashing the impugned notification

Ratio Decidendi

Since the respondent’s eligibility and qualifications for promotion under the 16 years scheme were admitted and the only obstacle (additional criteria) had been withdrawn as ultra vires, the Court was justified in directing promotion with effect from 1.2.1985 instead of remanding the matter to the Commission.

Court Disposition

Appeals dismissed

Orders

  • Respondent to be considered promoted to the post of Professor with effect from 1.2.1985 under the 16 years scheme.
  • No order as to costs.