Patna: Bihar Food and Consumer Protection Minister Ashok Choudhary could face disqualification as an MLC if he continues as an assistant professor at A N College, Patna, after a Raj Bhavan note held that the teaching post attracts office-of-profit provisions.
Choudhary joined the Political Science department of A N College, under Patliputra University, on February 17 while already serving as an MLC and minister. He went on leave the following day to continue his political responsibilities.
The matter came up before the university Syndicate on August 19, following which Vice-Chancellor Upendra Prasad Singh referred it to the Governor's Secretariat for clarification on Choudhary's entitlement to lien and whether the teaching post constituted an office of profit.
Raj Bhavan Note Raises Disqualification Concerns
In a note dated October 31, Governor's Additional Chief Secretary Deepak Kumar Singh held that Choudhary was not entitled to lien as he was on probation. He said Section 68(2) of the Bihar State Universities Act, 1976, which provides special leave to university employees elected to legislatures, did not cover legislators subsequently appointed as university teachers.
The note also held that the assistant professor's post constituted an office of profit, irrespective of whether Choudhary drew a salary. It said the final decision on his disqualification rested with the Chairman of the Bihar Legislative Council.
Advocate General's Opinion Sought
Singh was transferred on November 4 and is now Chief Adviser to the Bihar State Planning Board. Raj Bhavan has sought the Advocate General's opinion on the matter.
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Choudhary Calls Raj Bhavan Note Motivated
Choudhary described the note as "motivated", citing instances of university employees being granted lien during probation at Magadh University and B R Ambedkar Bihar University. He argued that Section 68(2) protected university employees who entered the legislature and that its legislative intent should be interpreted fairly. He also pointed out that several legislators in Bihar held academic positions, including as professors and assistant professors.
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