Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner was appointed vide notification dated 16.07.2004 on the post of Assistant Professor-cum-Junior Scientist (Soil Science) and posted under the Dean Faculty of Agriculture, Birsa Agriculture University with approval of the Vice-Chancellor. This appointment was pursuant to the advertisement issued by the Jharkhand Public Service Commission upon indent placed by Birsa Agriculture University for making appointment to the different posts including that of Assistant Professor-cum-Junior Scientist (Soil Science) in the year 2004.
(3.) The petitioner admittedly submitted certificate stated to be issued by the Sub-Divisional Officer, Ranchi dated 01.09.1998, Annexure-15 declaring that she belongs to Kurmi caste, which also is a backward class and her family ordinarily is a resident of Ranchi. The petitioner's appointment has been terminated by the impugned order contained in Memo No. 3390/Kanke dated 25.06.2008 issued by the Vice Chancellor, Birsa Agriculture University, respondent no. 6 inter-alia on the ground that she had submitted caste certificate at the time of appointment meant for educational purpose; she is not a permanent resident of an area which now falls under the territory of Jharkhand; she had illegally taken benefit of reservation which is in violation of the reservation policy of State. Prior to that, a show cause notice was served upon her, which is at Annexure-4 dated 14.12.2005 whereafter she approached this Court with another person being W.P.(S) No. 6200 of 2005, which was disposed of on 13.07.2006 with the observation that Vice-Chancellor would decide the claim on merit. The petitioner again came before this Court in W. P. (S) No. 2371 of 2008, Annexure-11 with a grievance that again notices were issued upon her on 15.04.2008 by the Director(Administration) calling upon the petitioner to file her show cause. The said writ petition was disposed of on 20.05.2008 in terms of the earlier judgment dated 13.07.2006 passed in the earlier writ petition being W. P. (S) No. 6200 of 2005 wherein the Vice-chancellor was directed to decide the claim on merit. Thereafter, the petitioner was served with another show cause notice issued by the Vice-Chancellor of the University on 23.05.2008, Annexure-12 asking her to submit her reply as to why her services be not terminated on the ground that she had obtained employment on the basis of a certificate, which was issued only for educational purpose. The impugned order was a consequence of last show cause notice before which the petitioner had also furnished her reply, which is at Annexure-13 to the writ petition.;