- (1.) JUDGMENT M.Y. Eqbal, J. 1. The matter relates to appointment of lecturer in History in Bokaro Mahlla College which is an affiliated college. It has five sanctioned posts of lecturer in the Department of History, The second post was sanctioned in 1987 while the 3rd, 4th and 5th post were sanctioned in 1990. The commission namely Bihar State University Service Commission advertised 1st post in 1983 vide advertisement No. 130/83. The second post was advertised in 1989 by advertisement No. 862/89. The 3rd, 4th, and 5th post were advertised in 1984 vide advertisement No. 7/94. Many candidates including the petitioner and respondent applied for the said post. The commission held the interview and finally recommendation was sent by the commission for all the five posts in 1998 vide memo No. 48 dated 21.4.1998. From perusal of Annexure -10 which is a letter of recommendation dated 21.4.1998 It appears that the recommendation was made in the following manner. Advertisement No. 130/83 First Post 1. Smt. Dipa Sinha 2. Smt. Anjali Saran Advertisement No. 862/89 Advertisement No. 7/94 Second Post 1. Dr. Smt. Prabhavati Kumari 2. Smt. Sarita Kumari Third Post 1. Smt. Mamta Roy 2. Shri Ashok Kumar Fourth Post 1. Shri Ashok Kumar 2. Smt. Rita Kumari Fifth Post 1. Smt. Rita Kumari 2. Smt. Lucy Ekka
(2.) SMT . Anjali Saran is the petitioner in CWJC No. 752/98. She has challenged the recommendation of the commission on the ground inter alia that although her case was recommended for appointment on the post of lecturer against first post in pursuance of advertisement No. 130/83 but she was not given preference over other candidates recommended for promotion against second, third, fourth and fifth posts. The petitioners case is that she did her MA in 1982 and was appointed as lecturer by the Governing Body in 1987 in the said Bokaro Mahila College through proper advertisement and since then she has been working on the said post. Her further case is that her appointment on the second sanctioned post was duly concurred by the commission in 1990 and also temporary concurrence was granted by the commission again in the same year. It is further stated that Smt. Binay Saran was working on the first sanctioned post and she left the college In 1989 and in due course her service was terminated. Therefore, petitioner should have been considered against the first sanctioned post. It appears that out of candidates recommended by the commission the following candidates have been appointed in the following manner: - - (1) Smt, Dipa Sinha, Against first post (2) Smt. Prabhavati Kumari, Against second post (3) Smt. Mamata Roy, Against third post (4) Smt. Ashoke Kumar, Against fourth post - (5) Smt. Anjali Saran, Against fifth post
(3.) THE Governing body of the college Issued appointment letters to the above named persons in 1999 and they joined their respective post.;