AJIT KUMAR SINHA, J. - (1.) HEARD learned Counsel for the parties.
(2.) IN the present writ petition, the petitioner has prayed for the following reliefs: a) to quash the recommendation of the Bihar College Service Commission for the post of Lecturer in Philosophy in J.M. College, Bhurkunda, District -Hazaribagh, communicated through letter No. 1636 dated 28.2.2000, as contained in Annexure -4 of the writ application; b) to direct respondent No. 3 not to make any appointment of respondent Nos. 4 and 5 on the basis of recommendation of the College Service Commission (Annexure -4) on the post of Lecturer in Philosophy in J.M. College, Bhurkunda and a direction to the respondent No. 2 not to approve such appointment. c) to direct respondent No. 1 (College Service Commission) to re -advertise the post in accordance with law and make fresh recommendation for appointment on the post of Lecturer in Philosophy in J.M. College, Bhurkunda. d) to grant any other relief(s) to which the petitioner is found entitled to and/or for any other writ/order/direction, for doing conscionable justice to the petitioner. The case of the petitioner, in brief, is set out as under: The petitioner was initially appointed as a temporary lecturer in the Department of Philosophy on 5th July, 1989 in J.M. College, Bhurkunda, District - Hazaribagh which is affiliated to Vinoba Bhave University, Hazaribagh. According to the petitioner, the first post of lecturer was sanctioned sometime prior to the year 1990 and one Mr. L.L. Modi was working against the said sanctioned post on substantive basis. The College Service Commission recommended/concurred his appointment and the same was approved by the State Government. It is further submitted that the second post of Lecturer in Philosophy was approved by the State Government for the Intermediate Arts Section of the College and communicated vide State Government's letter No. 33 dated 9.1.1990 and in this letter it was specifically mentioned that the post is sanctioned for the Intermediate Section. An advertisement was published in September/October, 1994 for several posts, including one post of Lecturer in Philosophy, vide advertisement No. 26/1994. The petitioner alongwith others applied for the same. It appears that during the process of selection a third post of Lecturer in Philosophy for J.M. College, Bhurkunda, was sanctioned/approved by the State Government vide its letter No. 1696 dated 21.10.1998, which clearly indicated that there were two posts already sanctioned and one additional post was approved through this letter.
(3.) IN the year 1999 the interview took place and finally on 28.2.2000 the Commission recommended two candidates each against the second and third post and the same was communicated through memo No. 1636 dated 28.2.2000. As per the recommendation it will be evident that on the second post private respondent Nos. 4 and 5 have been recommended at serial Nos. 1 and 2 whereas the petitioner has been recommended against the third post at serial No. 2.;