AJAI KUMAR PATHAK Vs. UNION OF INDIA
LAWS(JHAR)-2011-11-50
HIGH COURT OF JHARKHAND
Decided on November 24,2011

Ajai Kumar Pathak Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) I .A. No. 2074 of 2011 and I.A. No. 2075 of 2011 By Court In the first I.A.,(I.A. No. 2074 of 2011) it has been prayed that from the cause title of writ application, respondent number 2, The State of Bihar be deleted and in place of the State of Bihar, State of Jharkhand be substituted. Similar prayer also made that the name of respondent number 3, Regional Institute of Technology be deleted and in its place, National Institute of Technology be substituted. Aforesaid prayer is allowed.
(2.) IN I.A. No. 2075 of 2011, it is stated that respondent number 9, Sri Pravin Prasad and respondent number 13, Dr. S.R. Prasad had died during the pendency of this writ application. Thus their names be deleted from the cause title. Aforesaid prayer is also allowed and name of respondent numbers 9, Sri Pravin Prasad and 13, Dr. S.R. Prasad are struck off from the cause title of writ application. C.W.J.C. No. 1853 of 1998 (R) In the present writ application, the petitioners pray for the following reliefs : - (a) For issuance of an appropriate writ(s)/Order(s)/direction(s) or a writ in the nature of certiorari for quashing the order No. RIT(E) 613/97 dated 22.9.1997 by which Mr. Pravin Prasad has been appointed on the post of Assistant Professor, Prodn. Engg. and Management and also for quashing the appointment of Mr. A.K. Jha, who has been appointed vide order No. RIT(E)/615/97 dated 22.2.1997 in pursuance of advertisement dated 10.8.1996: (b) For issuance of an appropriate writ(s)/order(s)/Direction (s) or a writ in the nature of certiorari for quashing the appointment of Mr. A.K.L. Srivastava on the post of Asstt. Professor, Applied Mechanics as well as the appointment of Sri A.K. Khan on the post of Asstt. Professor (Civil Engg) in pursuance of advertisement made in the year 1995 ; (c) For issuance of an appropriate writ(s)/order(s), direction(s) of a writ in the nature of certiorari for quashing the entire appointments in pursuance of advertisement made in the year 1995,1996 and 1997 by which several persons were appointed on the post of Lecturer, Asstt. Professor and Professor in an illegal manner; (d) For issuance of an appropriate writ(s)/order(s)/direction(s) of a writ in the nature of mandamus commanding upon the Respondents to conduct a proper enquiry in connection with the appointments made in the Regional Institute of Technology, Jamshedpur since 1996 when Mr. B.B. Prasad was the Chairman of Regional Institute of Technology, Jamshedpur followed by Mr. Deonath Prasad ; AND/OR (e) Issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of mandamus commanding upon the respondents to consider the candidature of the petitioners for appointment on the post of Asstt. Professor in the respective faculties ; AND/OR Any other appropriate writ(s)/order(s)/direction(s) as Your Lordships deem fit and proper under the facts and circumstances of this case.
(3.) SO far 1st prayer is concerned, it relates to quashing of appointment of Sri Pravin Prasad. Since Sri Pravin Prasad has already died, thus this prayer has become infructuous. Under the said circumstance, no relief can be given to petitioners with respect to first prayer.;


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