VIKRAMADITYA PRASAD, J. - (1.) THIS writ petition has been filed for a declaration that the Bihar State University Service Commission constituted under the Bihar State University (Constituent Colleges) Service Commission Act, 1987, continues to operate in the State of Jharkhand and the respondents are bound to consider and act upon the recommendations made by the aforesaid University Commission (hereinafter referred to as the Commission) and for quashing the order dated 17.8.2001 as also order dated 5.10.2001, Annexure -8, whereby the authority including the Vice Chancellor, Siddhu Kanhu University, Dumka, was directed not to act on the recommendations/concurrence received from the Commission after creation of the State of Jharkhand and for a further direction upon the respondent No, 1 and 2 to immediately appoint the petitioner on the post of Registrar, Siddhu Kanhu University, Dumka, in pursuance of the recommendations made by the Commission as contained in Annexure -5 with all consequential benefits.
(2.) THE basic question to be answered in this writ petition is whether the Commission continues to operate in the State of Jharkhand. The short facts of the case are that the petitioner was appointed as Lecturer in Mathematics in 1972 and in the year 1990, he was promoted to the post of University Professor under Merit Promotion Scheme with effect from 6.6.1990. In the year 1976, the Bihar State University Act, 1976, was enacted, which also governed the Shiddhu Kanhu University, Dumka, (now in the State of Jharkhand). The Bihar State University (Cohstituent Colleges) Service Commission Act. 1987, was enacted in the year 1987, under which the recommendations for appointment of the Officers and Teachers of the Universities, were to be made. On 29.6.1999, the Siddhu Kanhu University made a request to the Commission to recommend the names of the persons for appointment to the post of Registrar of the said University. Accordingly, an advertisement was published by the Commission in the year 2000, Annexure -3. The petitioner applied on 11.9.2000, Annexure -4, for his appointment to the aforesaid post of Registrar. On 15.11.2000 the State of Jharkhand was created pursuant to the Bihar Reorganization Act, 2000. On 13.12.2000, the State of Jharkhand adopted the Bihar State University Act, 1976, with modification for the State of Jharkhand. Now this Act is known as Jharkhand State Universities Act. The State of Jharkhand has not passed any Act for adopting the Bihar State University (Constituent Colleges) Service Commission Act, 1987. The State of Jharkhand has not established Jharkhand State University Service Commission for making recommendations for appointment of the Officers and Teachers of the Universities. The case of the petitioner is that the Commission is a body corporate. Accordingly, it is governed by Section 66 of the Bihar Reorganization Act, 2000. On 16.8.2001, the petitioner was issued interview letter, Annexure - 4/1, for the said post and on 11.9.2001, the petitioner was duly interviewed. On 16.3.2002, the name of the petitioner was recommended for the post by the Commission, despite that, the petitioner did not hear anything from the concerned authorities of Siddhu Kanhu University. He therefore filed representations on 17.3.2002 and 2.4.2002, Annexure -6 and 6/1, to the Vice Chancellor. Another representation was also filed by the petitioner on 14.5.2002 and 10.7.2002 for the same relief to the Chancellor, Annexure -6/2 and 7. The petitioner did not receive any reply from either of the authorities. But later on the petitioner came to know that by letter dated 5.10.2001, Annexure 8, Governors Secretariat addressed a letter to all the Vice Chancellors informing that in a meeting dated 17.8.2001, it was observed that the recommendations received from the Commission, after creation of the new State, are not binding to be acted upon by the Universities of Jharkhand, and further directing not to act upon such recommendations, till further direction from the Chancellor.
(3.) ACCORDING to the respondent Siddhu Kanhu University, a request made to the Commission for recommending the name for the post of Registrar had been withdrawn by the University on 28.7.2000, yet interview was held on 11.9.2000. Thus, despite the withdrawal, the Commission held interview only to deprive the people of the new State for appointment to the said post. The further case of the respondents is that the State Government, vide Annexure -A, issued directive that all the appointments in the State of Jharkhand after 15.11.2000 will be made only by it. It also clarified that any recommendation made by the Commission will not be valid after 14.11.2000. The University respondent further got a direction from the O.S.D. to the Governor, Annexure -B, not to act on the recommendations of the Commission after creation of the State of Jharkhand. By Annexure -C, the representation of the petitioner appears to be not maintainable and this letter was issued by the Registrar of the said University. Annexure -D has been annexed with the counter - affidavit. On perusal of this Annexure, it transpires that the State Government, considering the effect of the recommendations of the Commission, by its order dated 10.9.2001, passed order in two paragraphs. In the first paragraph, it has been stated that "the Government of the new State of Jharkhand decided that the list of candidates selected for direct recruitments prepared by the Bihar State Universities (Constituent Collects) Service Commission and Bihar College Service Commission shall not be acted upon for the purpose of appointment in the new State" and secondly, "the Government decided that as far as the promotions are concerned, the Bihar Universities Service Commission constituted under the 1987 Act shall continue to function for the State of Jharkhand until separate authority is constituted for the purpose of making recommendations for promotion of Lecturers to Readers and Readers to Professors." This matter was reconsidered by the next incumbent to the office of Chancellor. The question before the Chancellor was whether the order aforesaid be vacated and after considering the same, the Chancellor vacated the order partially. Stay on the recommendations for direct recruitment made by the Commission was not vacated. 6. The respondent No. 5, the State of Jharkhand, filed counter -affidavit. The Chairman of the Commission, by his letter dated 15.1.2001 (Annexure -A) had sought a clarification from the Chancellor of the Jharkhand State as to whether there should be interview of the candidates for direct recruitments/promotions. Then by Annexure -B was relied upon wherein under the Executive Orders of the State of Jharkhand, it was decided that after 15th November, 2000, all the appointments shall be made by the State of Jharkhand and no recommendations made by the Commission shall be accepted and the Commission shall not be competent to hold Interview or to issue advertisement or make recommendations and if it does so, it shall not be accepted and only in cases of those promotions, which were pending before 23.9.1995 and could not be materialized for delay at different levels, this can be accepted. This executive order was effective from 15.11.2000. One more Annexure -A, a letter dated 5.10.2001 was filed along with the supplementary counter -affidavit on behalf of the respondent No. 2 issued by the O.S.D. to the Governor, wherein it was directed that any recommendation received from the Commission is not binding or not to be acted upon. 7. Admittedly, prior to the creation of the State of Jharkhand, the Bihar State University Act, 1976, and the Commission were having jurisdiction in the entire Bihar State including the Universities which now fall within the territorial jurisdiction of the State of Jharkhand, Admittedly, under Section 57 of the Act, appointments of the Teachers and Officers of the Universities were to be made on the basis of the recommendations of the Commission and the Commission had to discharge the same function as was assigned to the Bihar State Public Service Commission. 8. The Bihar Universities Act, 1976, was adapted by the State of Jharkhand in exercise of the power vested in it under Section 85 of the Reorganization Act (hereinafter Act, 2000} with some amendments, which was gazetted on 14th December, 2000 (Annexure -1). The following is amendment after adoption : - - "Adhichuchna Sankhya - -JhO SaO UoO ShiO/001/2000 - 18 Dtnak 13 December, 2000 -Jharkhand Gazette Ashadharan Ank SanO 8 Dinak 14 December, 2000 Me Prakashit -Bihar Rajya Punargathan Adhiuniyam, 2000 ke Bhag 10 ke Dhara 85 ke Aalok Me Bihar Rajya Vishwavidhyala Adhiniyam, 1976 ko (Iske Bad Yatha Ullikhit Adhiniyam ke Roop Me) Nimnlikhit San -shodhano Ke Saath Angibhut Karti Hat: - - 1. Yatha Ullikhit Adhiniyam Ki Dhara -1 (1) Ke Adhin Yah Adhiniyam" Jharkhand Rajya Vishwavidhyala Adhiniyam 2000" Kahlayega. 2. Yatha Ullikhit Adhiniyam Ki Dhara 3 (1) Ki Up Dhara (AO) (BO) (CO) (GO) (hO) (IO) (JO) (kO) Tatha (LO) Ko Bilopit Sarnjha Jaye. 3. Yatha Ullikhtt Adhiniyam Ki Dhara 9 Ke Adhin "Mahamahim Rajapal, Bihar Ke Sthan Par "Mahamahim Rajyaypal, Jharkhand" Pratisthapit Sarnjha Jaye.;