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Issues: (i) Whether a statute made under Section 36 of the Bihar Agricultural Universities Act, 1987 and assented to by the Chancellor becomes enforceable without publication in the Official Gazette; (ii) Whether the respondents were entitled to the benefit of the Time-Bound Promotion Scheme under the notification dated 4-9-1991.
Issue (i): Whether a statute made under Section 36 of the Bihar Agricultural Universities Act, 1987 and assented to by the Chancellor becomes enforceable without publication in the Official Gazette.
Analysis: Section 36 prescribes the complete mode of making a statute: it must be framed by the Board of Management, assented to by the Chancellor, and then published in the Official Gazette. Publication is not a mere procedural formality but an integral part of the process of statute-making. Until publication, the statute remains incomplete and in the process of being made. The requirement applies to all statutes framed under the Act, even where the statute concerns only a limited class of persons, because the statute must become public in the manner prescribed by law. A statute not published in the Official Gazette cannot be treated as valid, effective, or enforceable.
Conclusion: The statute did not come into effect or become enforceable without publication in the Official Gazette.
Issue (ii): Whether the respondents were entitled to the benefit of the Time-Bound Promotion Scheme under the notification dated 4-9-1991.
Analysis: The notification containing the Time-Bound Promotion Scheme was never published in the Official Gazette, and therefore the proposed amendment never matured into an operative statute. A benefit cannot be claimed on the basis of an incomplete and unpublished statutory instrument, nor can the principles of fairness or estoppel override a mandatory statutory requirement. The Chancellor was competent to treat the matter as still pending and later hold that the proposed statute had never validly come into force.
Conclusion: The respondents were not entitled to claim the benefit of the Time-Bound Promotion Scheme.
Final Conclusion: The judgment of the High Court was set aside and the writ petitions were dismissed, leaving the unpublished statute without legal force.
Ratio Decidendi: Where a parent statute makes publication in the Official Gazette a part of the statutory process for enacting subordinate legislation, such publication is mandatory and the instrument has no legal efficacy until that requirement is fulfilled.
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