Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioners have inter alia prayed for quashing letter dated 21.07.2007 issued by the Secretary of the Governing Body of College, whereby services of the petitioners have been terminated and further for quashing letter dated 23.02.2006 whereby appointment of the petitioners have been declared illegal and also for direction upon the respondents to reinstate the petitioners in services on their respective posts with all consequential benefits.
(2.) The factual matrix, as depicted in the writ application, in a nutshell is that in pursuance to the advertisement issued by the Governing Body of Dr. Jagannath Mishra College, Jasidih, Deoghar (herein after referred to as "College") in local news paper, for the post of lecturers for different subjects, the petitioners after going through the selection process were appointed vide different reference nos. dated 01.09.2003 and accordingly they gave their joining. But, vide memo dated 21.05.2005 one enquiry committee was constituted to detect the irregularities in appointment and basing of its report, the Registrar of the University vide letter dated 23.02.2006 communicated to Sub-Divisional Officer-cumSecretary of the ad-hoc Committee of College that appointments of teaching and non-teaching staffs has been declared illegal and directed for taking necessary action. Basing on such communication and direction, the Secretary of the Governing Body of the college issued letter dated 21.07.2007 whereby services of the petitioners have been terminated.
(3.) Learned counsel for the petitioner submitted that in the earlier appointment made in 2000, advertisement was published in local newspaper "Vihar Bani" and persons appointed in the year 2000 have been continuing till date but in the case of the present petitioners one of the grounds for termination has been assigned that advertisement has not been published in national newspaper rather in local newspaper "Vihar Bani", which shows hostile discrimination on the part of respondents. Learned counsel for the petitioner submitted that their appointments have been made against duly sanctioned and vacant post as evident from letter dated 21.12.1987 issued by the Education Department, Govt. of Bihar. Learned counsel for the petitioners further submitted that from bare perusal of letter dated 23.02.2006 it is evident that no cogent reason has been assigned to declare the appointment illegal. It has further been submitted that before issuance of impugned order of termination neither any show cause notice was served upon the petitioners nor any explanation was ever served upon the petitioners and only basing on letter dated 23.06.2006, without following the principles of natural justice, petitioners have been terminated from services. Learned counsel for the petitioners further submitted that even if it is taken to be true that enquiry was done the same was conducted behind the back of the petitioners and without affording any opportunity of hearing to the petitioners. In support of this submission, learned counsel for the petitioners referred to a decision rendered in the case of Arun Kumar Singh & Ors Vs. State of Jharkhand & Ors,2010 1 JLJR 244.;