AMARESHWAR SAHAY, J. - (1.) IN the instant writ application, the prayer of the petitioner is to quash Annexure -10 i.e. the order dated 20th of April, 1997, passed by the Chancellor of the Universities of Bihar i.e. the respondent No. 1 whereby the representation filed by the petitioner was rejected and the respondent No. 4 Shri Sharad Kumar was declared to be the senior most Lecturer working in the Post -Graduate Department of Sociology, Ranchi University, Ranchi. (The Ranchi University is hereinafter called as University for the sake of convenience). The further prayer of the petitioner is for a direction to the respondents to declare the petitioner to be the senior most Lecturer of the said Department of the University.
(2.) THE case of the petitioner is that for filling up the posts of Lecturer in the Post Graduate Department of Sociology in the Ranchi University, Ranchi, the petitioner along with others, including the respondent No. 4 Sharad Kumar, Dr. Ashok Kumar Amar, Shri Vinod Narayan and Shri Mithilesh Kumar applied for the same. Four posts were for reserved category. One for the category of Economically Backward Class, one for the category of Other Backward Class and one each for the categories of members of Scheduled Castes and Scheduled Tribes. The petitioner belonged to the category of member of Scheduled Castes. The Bihar State University (Constituent Colleges) Service Commission, Patna conducted the interview of the applicants and thereafter by issue of letter dated 19.11.1992 addressed to the Registrar, Ranchi University, Ranchi recommended the name of the candidates for being appointed as Lecturers in the Post -Graduate Department of Sociology categorywise. The names of respondent No. 4, Sharad Kumar and Ashok Kumar Amar were recommended in the general category whereas, the name of the petitioner was recommended for the category of Scheduled Caste, the name of Shri Mithilesh Kumar was recommended for the category of Economically Backward Class and the name of Vinod Narayan was recommended for the category of Backward Class. The aforesaid recommendation has been annexed as Annexure -1 to the writ application.
(3.) ACCORDING to the petitioner as per the Roster, the vacancies against Serial Nos. 2, 8 and 15 were reserved for the members of Scheduled Caste and, accordingly, the petitioner being a member of the Scheduled Caste was appointed as a Lecturer on temporary basis mentioning specifically that he shall be on probation for a period of two years from the date of joining by issue of Notification of the Ranchi University, dated 04.01.1993, as contained in Annexure -3 to the writ application. The petitioner joined the said post on 01.02.1993. The respondent No. 4 Sharad Kumar, whose name was also recommended along with the petitioner was appointed on 11.01.1993 and his initial period of two years was also a probationary period.;