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november 2009

Supreme Court of India · 2009-11-30

RAJENDRA AGRICULTURAL UNIVERSITY vs ASHOK KUMAR PRASAD .

Citation / case number
SC 2004/3837
Court
Supreme Court of India
Petitioner
RAJENDRA AGRICULTURAL UNIVERSITY
Respondent
ASHOK KUMAR PRASAD .
Author
R.V.RAVEENDRAN

Judgment text excerpt

The Supreme Court addressed the enforceability of a statute under Section 36 of the Bihar Agricultural Universities Act, 1987, which provided for a Time Bound Promotion Scheme for teaching staff but was not published in the official Gazette. The Court held that the statute was 'still-born' and did not come into force due to the lack of publication, thus no rights could be claimed based on it. The Court affirmed the Chancellor's decision that the statute was non est and emphasized the necessity of publication for legal enforceability.

RAJENDRA AGRICULTURAL UNIVERSITY vs ASHOK KUMAR PRASAD . · Niyam