Amendment status not verified — confirm the current text below against the official source.
And, whereas, the Division Bench of Patna High Court, Ranchi Bench in LPA No. 274/1997 (R) while partly allowing the appeal set aside the direction of the Single Judge dated 3.4.1997 in CWJC No. 2176/1996(R) to treat the Lab. Assistant as teacher. 5 बहार गजट (असाधारण), 27 -दस/ बर 2012 And, whereas, the apex court while dismissing Civil Appeal No. 4215-16/2002 dated 22.7.2002 held that the order of the Division Bench cannot be faulted with apart from the fact that no such specific prayer was made. The Bench observed that such general direction could not be issued as the qualifications and other relevant facts in respect of each Lab. Assistants may have to be examined by the State Government while considering their representation. The Hon'ble apex court did not find merit in the challenge made aginst that part of the order of the Division Bench. The apex court held that Lab personnel can’t be declared Teacher. And, whereas, after the Cabinet decision letter No. 1115 dated 14.6.2006 was issued for re-designation of Lab. Personnel. And, whereas, modification in the letter no. 1115 was made vide memo no. 1456 dated 1.8.2006 without cabinet decision. And, whereas, on 18.12.2008 the State Govt. clarified that re-designation as Demonstrator was issued only for pay scale and allowance and not to convert them as teacher. And, whereas, on 21.9.2010 the Hon’ble Patna High Court in CWJC No. 1377/2010 held that re-designated Demonstrators acquired the status of teacher in terms of the definition of teacher under the Bihar State Universities Act, 1976 and as such entitled to all benefits. And, whereas, on appeal LPA Court in LPA No. 981/2011 dated 11.7.2011 held that inspite of the decision of the Division Bench of the then Ranchi Bench of the Patna High Court confirmed by the Hon’ble Supreme Court, the Government of Bihar in its wisdom took a decision on 14.6.2006, to re-designate the graduate Laboratory Assistant/Junior Laboratory Assistant/Laboratory Incharge/ Lab. Technician/Technical Assistant, etc. appointed in the Laboratory of the constituent colleges as Demonstrators. Under the said decision, it was specifically decided that since re-designation as Demonstrators the concerned employees will be entitled to all the benefits of the post of Demonstrator. And, whereas, the apex court dismissed SLP(C) No. CC-1324/2012 filed against the order of said LPA in limine. And, whereas, redesignation of non teaching posts has arisen on account of vagueness and flaw in the definition of 'teacher'. And, whereas, the State Cabinet decided to rectify mistake in the light of legal opinion and the observation of the LPA court and decided to withdraw the previous decision of re-designation of Lab. Personnel as Demonstrator with effect from the date of issuance of letter of re-designation dated 14.6.2006 and its modification dated 1.8.2006 and Government resolution no. 608 dated 10.4.2012 was issued. And, whereas, it is necessary to amend the definition of the teacher to exclude the non-teaching employee Lab. Personnel re-designated Demonstrator with effect from the date of re-designation, as UGC and Central Govt. do not recognise Demonstrator as teaching employee in the context of observation of the LPA court in LPA No. 981 of 2011 as well as Legal Advice. Be it enacted by the Legislature of the State of Bihar in the sixty third year of the Republic of India as follows :- 6 बहार गजट (असाधारण), 27 -दस/ बर 2012