2026:JHHC:11306 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4704 of 2024 ---------- Anil Kumar Barnwal, aged about 62 years, S/o Late Bhikhan Lal Barnwal, R/o Panchayat Dakshni, Village Dhanwar, Jhanda Chowk, PO & PS Dhanwar, District Giridih, Jharkhand, 825412. ………. Petitioner Versus 1. The State of Jharkhand, through the Principal Secretary. Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O and P.S. Doranda, District Ranchi, Jharkhand.. 2. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O and P.S. Doranda, District Ranchi, Jharkhand. 3. Jharkhand Public Service Commission through the Secretary, Office at Circular Road, P.O. & P.S. Lalpur, District Ranchi, Jharkhand. 4. The Secretary, Jharkhand Public Service Commission, Office at Circular Road, P.O. & P.S. Lalpur, District-Ranchi, Jharkhand. 5. Vinoba Bhave University through the Registrar, Vinoba Bhave University, Office at Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301. 6. The Vice Chancellor, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301. 7. The Registrar, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301. ………. Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Resp.-State : Mr. Rakesh Kr. Roy, AC to GA-III For the Resp.-JPSC : Mr. Pravin Kr. Pandey, Advocate Mr. Amit Kumar, Advocate For the Resp.-University : M/s. Amresh Kumar, Namita Sahay, Riya Raj, Advocate ---------- C.A.V. on 08.04.2026 Pronounced on:18 / 04 /2026 Heard the parties. 2. The instant writ petition has been preferred by the petitioner for the following reliefs: - 2026:JHHC:11306 2 A. For issuance of writ in the nature of certiorari for quashing of the part of the letter dated 08.12.2022 (Annexure 6) by the Secretary, Jharkhand Public Service Commission to the Registrar, Vinoba Bhave University, Hazaribagh, wherein Jharkhand Public Service Commission has recommended the Petitioner for promotion from the post of Lecturer to Lecturer (Senior Scale) with effect from 24.03.2014 in place of 27.07.1998. B. For issuance of writ in the nature of certiorari for quashing of the part of notification dated 11.01.2023 (Annexure 7) issued under the signature of the Registrar, Vinoba Bhave University, Hazaribagh, wherein the Petitioner has been granted promotion from the post of Lecturer to Lecturer (Senior Scale) with effect from 24.03.2014 in place of 27.07.1998. C. For issuance of writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondents to shift the date of promotion of the Petitioner on the post of Lecturer (Senior Scale) from 24.03.2014 to 27.07.1998 in light of the notification dated 14.12.2018 issued by the Govt. of Jharkhand, and consequently, pay arrears of salary, along with interests @ 8% from the date of promotion, and other consequential benefits accruing thereof. 3. Briefly stated, the Petitioner joined as a Lecturer in the Department of Physics in Adarsh College, Rajdhanwar (presently a constituent college under Vinoba Bhave University, Hazaribagh), and is presently working in the said college. The dispute with respect to absorption of teaching and non-teaching employees of the affiliated colleges that were made constituent colleges in the fourth phase was agitated by the Bihar Rajya Mahavidyalaya Shikshak Kalyan Mahasangh before the Patna High Court which was disposed of with certain directions. 4. Thereafter, State of Bihar preferred Civil Appeal before the Hon’ble Supreme Court. In compliance of the judgment dated 12.10.2004 passed by the Hon'ble Supreme Court in Civil Appeal No. 6098/1997; Vinoba Bhave University vide Notification dated 16.09.2005 absorbed the services of the Petitioner from 01.05.1986. Subsequently, the Dept. of Human Resource Development Department fixed 01.05.1986 as the substantive date of appointment of the Petitioner. 5. The Petitioner applied for promotion from the post of Lecturer to the post of Lecturer (Senior Scale) under the Career 2026:JHHC:11306 3 Advancement Scheme (in effect from 27.07.1998) read with notification dated 14.12.2018. However, the application submitted by the Petitioner remained pending with the Respondents, and the Petitioner was not granted promotion under the applicable rules and regulations. 6. When no decision was taken by the concerned respondents, the petitioner filed W.P.S. Case No. 4233 of 2020 and this Court directed the Respondent University to forward the case of the Petitioner to Jharkhand Public Service Commission who shall take a decision in accordance with the rules, regulations and guidelines. Thereafter, when the Respondents failed to take a decision on the representation of the Petitioner regarding the promotion of the Petitioner, he filed a contempt petition bearing no. Cont. (Cvl.) No. 122 of 2022 before this Court. During the pendency of the contempt petition, the Secretary, Jharkhand Public Service Commission vide letter dated 08.12.2022 to the Registrar, VBU recommended the Petitioner for promotion to the post of Lecturer (Senior Scale) with effect from 24.03.2014 in place of 27.07.1998 and petitioner was granted promotion to the post of Lecturer (Senior Scale) with effect from 24.03.2014 in place of 27.07.1998. Hence, the petitioner had filed this Writ application. 7. It has been submitted by Ld. Counsel for the petitioner that orientation/refresher course is not required for promotion from Lecturer to Lecturer (Senior Scale) in light of the notification dated 14.12.2018 issued by the Govt. of Jharkhand, Thus, the act of the Respondents in granting promotion to the Petitioner as Lecturer (Senior Scale) w.e.f. 24.03.2014 in place of 27.07.1998 is illegal in light of the notification dated 14.12.2018 issued by the Govt. of Jharkhand, wherein it is specifically provided that Orientation/Refresher shall not be required for promotion from Lecturer to Lecturer (Senior Scale). As such, impugned order 2026:JHHC:11306 4 should be set aside and direction be given to the Respondents to shift the date of promotion of the Petitioner on the post of Lecturer (Senior Scale) from 24.03.2014 to 27.07.1998 in light of the notification dated 14.12.2018 issued by the Govt. of Jharkhand. 8. Learned counsel for the respondents relying upon its Counter Affidavit submits that government of Jharkhand made statute of promotion of teachers of university and same has been published vide notification dated 26.06.2008 under career advancement scheme. He further draws attention of this Court towards clause 8.1.0 and clause 8.2.0(i) wherein it has been stipulated that there shall be mandatory requirement of participation in Orientation/Refresher Course for getting promotion to the post of Lecturer (Senior Scale) . 9. It has been contended that when the petitioner completed the aforesaid course, he has been given promotion. He further submits that it is settled law that whenever any dispute arises between guideline and statute then, statute shall prevail. In view of the aforesaid submission, Ld. Counsel submits that no interference is required by this Court. 10. Having heard Ld. Counsel for the parties and after going through the documents annexed with the respective affidavits, it transpires that the University has already recommended for promotion of the petitioner to the post of Lecturer (Senior Scale) vide Memo No. 4187 dated 08.12.2022 with effect from 24.03.2014 on the basis of Broad guidelines, recommendation of two members of subject expert committee and relevant statute under Carrier Advancement Scheme. Thereafter, University has also given Promotion to the Petitioner vide Notification Memo No. VBU/RO/1320/2022/R/107/2023 dated 11.01.2023. 11. The grievance of the petitioner is that Respondents should shift the date of promotion of the Petitioner on the post of Lecturer 2026:JHHC:11306 5 (Senior Scale) from 24.03.2014 to 27.07.1998 in light of the notification dated 14.12.2018 issued by the Govt. of Jharkhand. 12. In this regard, it is necessary to indicate that the government of Jharkhand made “Statute” for promotion of teachers of the University and same has been published vide notification dated 26.06.2008 under “Career Advancement Scheme” wherein at clause 8.1.0., it is stipulated that it is a mandatory requirement to participate in Orientation/Refresher Course for getting promotion to the post of Lecturer (Senior Scale) and as per clause 8.2.0 (i), one orientation course would be compulsory for University and College teachers to get promotion from Lecturer to Lecturer (Senior Scale). For ready reference, Clause 8.1.0 and clause 8.2.0 (i) of the statute are quoted herein below: Clause-8.1.0 -The requirement of participation in orientation/refresher courses/summer institutes, each of at least 3 to 4 weeks duration, and consistent satisfactory performance appraisal reports, shall be the mandatory requirement for Career Advancement from Lecturer to Lecturer (Senior Scale) and from Lecturer (Senior Scale) to Lecturer (Selection Grade). Clause 8.2.0 The requirement for completing these courses would be as follows. (1) 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. 13. From record, it is evident that the petitioner has completed his orientation course from 04.07.2011 to 31.07.2011 and refresher course from 03.03.2014 to 23.03.2014; hence commission has recommended for promotion of the petitioner to the post of Lecturer (senior scale) w.e.f. 24.03.2014 on the basis of clause- 2.1.0. (C), Clause 8.1.0 and Clause-8.2.0(i) of the “Carrier Advancement Scheme”. As a matter of fact, when the petitioner completed the aforesaid course on 23.03.2014; his case was 2026:JHHC:11306 6 recommended for promotion by the J.P.S.C. on very next day i.e. w.e.f. 24.03.2014. This Court finds no error in the order of recommendation as well as order of promotion. 14. So far as contention of the petitioner with regard to notification dated 14.12.2018 issued by the Govt. of Jharkhand, wherein it is provided that Orientation/Refresher course shall not be required for promotion from Lecturer to Lecturer (Senior Scale) is concerned; now the law is no more res integra that whenever any dispute arise between notification and statute then, statute shall prevail. For this issue, it is profitable to refer the judgment rendered by the Hon’ble Apex court in the case of Ashok Ram Parhad and Ors vs State of Maharashtra & others1. The relevant paragraphs are quoted herein below: “27. In service jurisprudence, the service rules are liable to prevail. There can be government resolutions being in consonance with or expounding the rules, but not in conflict with the same. ……..…….. 29. We do believe that on behalf of the appellants there is overemphasis on the expression “person appointed to the post by nomination” under Rule 6 of the 1998 Rules, without appreciating the context in which such expression has been used. In contending that the interpretation given by the High Court would amount to making the opening part of Rule 6 otiose, what is lost sight of is that were the appellants' plea to be accepted, it would amount to making the proviso to Rule 2 of the 1984 Rules otiose. The government resolutions issued by the Administrative Department cannot have the status of a statutory rule, although such resolutions may have their own effect.” Emphasis Supplied 15. Having regard to the aforesaid discussion, no relief can be granted to this petitioner, accordingly, this Writ application stands dismissed. (Deepak Roshan, J.) Date:18.04.2026 Kunal/- Uploaded on 20.04.2026 1 (2023)18 SCC 768