SEEMA PANDIT Vs. BIHAR COLLEGE SERVICE COMMISSION
LAWS(JHAR)-2009-12-69
HIGH COURT OF JHARKHAND
Decided on December 15,2009

Seema Pandit Appellant
VERSUS
Bihar College Service Commission, Through Its Secretary : Bokaro Mahila College Through Its Secretary, Bokaro Steel City, Bokaro : Usha Rani, Lecturer In Zoology, Bokaro Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ petition is to direct the respondents to consider her case for appointment on the second post or on third post of Lecturer in the Department of Zoology as recommended by the Bihar Public Service Commission in Bokaro Mahila College, Bokaro, an affiliated College (now under Vinoba Bhawe University). Further prayer of the petitioner is that if she is appointed on the post of Lecturer in Zoology, she may be treated senior to the respondent no. 3 namely Usha Rani. The petitioner's case is that she is a holder of first class Post Graduate Degree i.e. M.Sc. (Zoology) and she is also having Degree of B.Ed.. In the year 1994, Bihar College Service Commission published an advertisement inviting applications for appointment to various posts including three posts of Lecturer in Zoology in Bokaro Mahila College. Pursuant thereto, the petitoner applied having requisite qualification for appointment as a Lecturer in Department of Zoology.
(3.) THE petitioner was interviewed by the Bihar College Service Commission and thereafter, her name was recommended as a second name against the second post and as first name against the third post. The grievance of the petitioner is that despite all the above facts, the Governing Body of Bokaro Mahila College did not appoint her either on the second or third post. One Smt. Achala Barla, whose name was recommended as first name against the second post, though was appointed but she did not join. Her further grievance is that one Ms. Usha Rani, who was below in panel against the third post, was appointed by the Governing Body ignoring the case of the petitioner as she was placed at Serial No. 1 in the panel for the third post. The claim of the petitioner is that the Governing Body of the College was bound to accept the recommendation of the Bihar College Service Commission in order of preference. Without appointing the petitioner who was placed at Serial No. 1 in panel, in order of preference, Ms. Usha Rani could not have been appointed against the third post since she was below in panel.;


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