- (1.) Heard the Learned Counsel appearing for the parties and perused the papers. The present writ petition is filed under Article 226 of the Constitution of India interalia praying for issuance of direction upon the respondents to strictly follow and implement the recommendation of the Bihar College Service Commission, Patna issued vide memo no. 1892 dated 16.2.2002 and appoint the petitioner on the post of Lecturer of Political Science in Ran Bijay Smarak College, Chas, Bokaro. It is further prayed for quashing the appointment of the respondent no. 4, who is illegally appointed on the post of lecturer of Political Science by Governing Body of the college ignoring the guidelines issued by the University as well as Bihar College Service Commission. It is also prayed that necessary directions may be issued to the Respondent-University for strict compliance of the direction of the University taken in the meeting of the Syndicate on 24.11.1998. It is further prayed that necessary direction be issued to the respondent no. 5 that the appointment of the respondent no. 4 may not be formally approved as the same is contrary to the guidelines issued by the Syndicate.
(2.) The Learned Counsel appearing for the petitioner submitted that the petitioner applied for the post of Lecturer of Political Science in pursuance to the advertisement given by the Bihar College Service Commission, Patna published on 31.8.1998. It is submitted that the applicant was called for interview on 22.6.2001 and thereafter his name was recommended for appointment to the post of Lecturer (Political Science) in Ran Bijay Smarak College, Chas, Bokaro by the Bihar College Service Commission, vide its recommendation dated 16th February, 2002, The Learned Counsel for the petitioner submitted that despite recommendation made by the Bihar College Service Commission, the petitioner has not been given appointment, rather respondent no. 4 has been appointment on the post in question though he was much below than the petitioner in the merit list. According to the Learned Counsel for the petitioner, the respondents have acted arbitrarily in respect of the appointment of the respondent no. 4 to the post of Lecturer of Political Science. It is further submitted that as per decision taken in the meeting of the Syndicate held on 24.11.1998 for appointment to the post of lecturer preference was required to be given to the person as per seniority described in the merit list. However, according to the petitioner, respondent no. 4 has been given appointment in clear contravention to the aforesaid resolution passed by the syndicate of the Respondent-University.
(3.) As against that, the Learned Counsel appearing for the respondent no. 5 while referring the counter affidavit filed by the respondent No. 5 submitted that advertisement was published prior to formation of the new State of Jharkhand and the recommendation was made by the Bihar College Service Commission on 16th February, 2002 i.e. subsequent to the formation of the new State of Jharkhand. The Learned Counsel appearing for the respondent no. 5 also submitted that on 5th October, 2001 under the Direction of His Excellency Governor of the Jharkhand, all the Vice Chancellors of the University in the State of Jharkhand were informed that the recommendation received from the Bihar College Service Commission, after creation of the State of Jharkhand, are not binding to be acted upon by the Universities of the Jharkhand. The Learned Counsel appearing for the respondent no. 5 has also invited the attention to the Annexure A/1 of the counter affidavit and submitted that as per notification dated 10th September, 2001, the process of appointment, after 15th November, 2000 in various Universities within the States of Jharkhand, would be done by the State of Jharkhand and any recommendation made by the Bihar College service Commission or Bihar State Universities(Constituent College) Service Commission Patna will not be recognized, if it was received after 14.11.2000. The said notification was made applicable with effect from 15th November, 2000. Therefore, according to the Learned Counsel for the respondent No. 5, the recommendation with regard to appointment made by the Bihar College Service Commission, Patna on 16th February, 2002 will not be binding upon the respondent No. 5 as well as the Governing body of the affiliated college. The Learned Counsel appearing for the respondent no. 5 submitted that the respondent no. 4 has not been given appointment as per recommendation received from the Bihar College Service Commission. It is submitted that the respondent no. 4 was appointed on temporary basis in the year 1993 and therefore, Governing body of Ran Bijay Smarak College, Chas, Bokaro thought it fit to continue till regular recruitment is made. The Learned Counsel appearing for the respondent No. 5 submitted drat neither any illegality nor arbitrariness has been committed by the University as well as the Governing body of the said College.;