S.J.MUKHOPADHAYA, J. - (1.) WHEN the case was taken up on 7th May, 2003 the following order was passed. "In pursuance of Courts order, Mrs. Sumedha Tripthy, Principal, Bokaro Manila College, Bokaro and Mr. Bimal Pareekh, Secretary, Governing Body of the Bokaro Mahila College, Bokaro are present. They stated to have filed their counter -affidavit. It is informed that the 5th respondents was asked not to perform duty, as back as, on 12th January, 2002 (vide Annexure -A), but he is forcefully taking classes even thereafter. Mr. M.S. Anwar, appearing on behalf of the 5th respondent while accepted that no order of appointment has been issued in favour of 5th respondent, submitted that there are other persons who have been allowed to work by the Principal. It is also alleged that a number of persons have been given order of appointment without following the procedure and against non -sanctioned posts. Heard in part. In the facts and circumstances and in the interest of justice, the following order is passed for the present : (i) The 5th respondent, namely, Uday Kumar is prohibited from functioning as a teacher or non -teaching employee of the College. He is also prohibited from entering inside the College premises without prior permission of the Court. If the courts order is flouted, the Principal or the Secretary of the Governing Body of the College may report the matter before the concerned S.P. and may also inform the Court to take appropriate steps against the 5th respondent; (ii) The Principal of the College is directed to enquire whether any person has been appointed or has been allowed to work without the recommendation of any Commission and against non -sanctioned post or not and to forward the report to the Vice - Chancellor of the Binoba Bhave University, Hazaribagh for necessary action within a period of one month; (iii) The Vice -Chancellor, Binoba Bhave University on receipt of such report will take appropriate steps, in accordance with law, if necessary, after notice and hearing the concerned per -sons(s). So far as the present case is concerned, it will be heard on Merit. The parties will file their respective affidavits with regard to the Courts order by the next date. Let the case be placed for further hearing under the heading "For Admission" on 25th June, 2003 on the top of the list. The appearance of the Principal and the Secretary of the Governing Body of the College is dispensed with. Let a copy of this order be handed over to the counsel for the parties."
(2.) MR . A.K. Sinha, appearing on behalf of the Governing Body of the Bokaro Mahila College, Bokaro submitted that the 5th respondent, Uday Kumar has been removed. It is also informed that the list of teachers working without recommendation of any commission against unsanctioned post has been forwarded to the Vice -Chancellor, Vinoba Bhave University, Hazaribagh. However, the counsel for the University has no knowledge whether any such list has been forwarded to the university or not. The counsel appearing on behalf of the Bokaro Mahila College, Bokaro submitted that the College is not an aided college. Because of financial crunch it is not in a position to pay salary to its teachers since June, 2002. For the said reason the College has decided not to make any further appointment.
(3.) IN view of the stand taken on behalf of the Bokaro Mahila College, Bokaro, this Court is not inclined to issue any further direction. If the list of teachers working without any recommendation of a commission has not yet been forwarded by the College, the College authority should forward it to the Vice - Chancellor of the University within 15 days, failing which it will be open to the University to pass appropriate order in accordance with law.;