AMARESHWAR SAHAY, J. - (1.) Heard the counsel for the parties.
(2.) THE petitioner, who was earlier made professor in charge of Langta Baba College, Mirzaganj in the District of Giridih but was removed from the said post of professor Incharge on 2nd September 2004, challenged the same by filing a writ petition before this Court being WPS No. 5618/2002. The said writ petition was disposed of on 22/11/2002 by a Single Bench of this Court by remitting the matter back to the Vice Chancellor, Vinoba Bhave University, Kazaribagh, directing him that if any representation is filed by the petitioner then after hearing the parties he will determine the question as to who is the senior most teacher of the College and who should be made professor Incharge of the college Pursuant to the order in the said writ petition, the Vice Chancellor by order dated 08/04/2003 as contained in Annexure -3 to this writ petition, considering the fact that the petitioner Binod Kumar Rai was removed from the post of Professor Incharge of the College w.e.f. 02/09/2003 on the allegation of a number of charges against him and, therefore, he directed the Adhoc Committee to investigate the charges leveled against: the petitioner Binod Kumar Rai. The petitioner was also directed to handover the charge of the office of the Professor Incharge to one Sri Arjun Prasad Rai, Lecturer in Mathemnlics. The petitioner, thereafter, challenged the said order of the Vice Chancellor by filing WPS No. 2462/2003. The said writ petition was disposed of on 06/07/2004 by setting aside the order directing the Adhoe Committee to investigate into the matter, But, however, the matte was rrmmulnl to the Vice Chancellor to once again deal with the matter himself.
(3.) THEREAFTER , the Vice Chancellor passed an order on 05/03/2005 as contained in Ahnexure -5 to this writ petition holding that all the teachers working in the college were on temporary basis and were continuing against unsanctioned post beyond six months violating the established norms of appointment and no teacher was appointed and was working on substantive basis on the recommendation of the Commission against sanctioned posts. Under these circumstances, the Vice Chancellor observed that the Governing Body of the college may either on adhoc or regular basis take work of Professor Incharge amongst from the teachers appointed on temporary basis keeping in view their quality of work, integrity and also administrative capability in the larger interest, of the institution.;