- (1.) HEARD the parties.
(2.) THE facts, which are admitted in this writ petition, are: that the petitioner as well as Respondent no.3 were appointed as Lecturers in the Department of Chemistry in P.T.P.S. College at Patratu, which is affiliated under the Vinoba Bhave University, Hazaribagh. According to the petitioner, in the P.T.P.S. College, two posts of Lecturers in the Department of Chemistry were to be filled up, for which Bihar College Service Commission recommended the names of two persons contained in Annexure -1, in order of preference. As per the recommendation, against the First Post the name of the petitioner namely Biresh Kumar was at Sl No.1 i.e. by way of First Preference; whereas, the name of the Respondent No.3 namely Subodh Kumar was at Sl. No.2, i.e. by way of Second Preference. Against the second post, the name of the respondent no.3 Subodh Kumar was recommended as First Preference, whereas, the name of one Sukumar Bera was recommended as Second Preference for the second post. The said recommendation was sent to the University on 5.4.1999. The dispute between the petitioner and the respondent No.3 is only with regard to seniority. As it appears that the petitioner as well as the respondent no.3 were appointed by the Governing Body, but according to the Governing Body of P.T.P.S. College as well as according to Respondent no.3, since the respondent no.3 was continuing in service in the College since 28.2.1994, and therefore, was appointed as Lecturer in the Department of Chemistry against the First Post and as such he ranked senior to the petitioner. It is stated that in order to maintain seniority, Subodh Kumar, the respondent No.3, was appointed against the first post, whereas Biresh Kumar was appointed against the second post. On the other hand, the claim of the petitioner is that since his name was recommended by way of First Preference against the First Post, and therefore, his appointment as Lecturer in the Department of Chemistry in the College has to be treated against the First Post and not against second or any other post.
(3.) AS it appears from the counter affidavit of the University that the University also wrote a letter to the Secretary of the P.T.P.S. College vide Annexure - ˜A' that the appointment of Subodh Kumar against the first post is contrary to the recommendation made by the Bihar College Service Commission, and as such, the same is violative of the law and the rules of the University. Therefore, the question of approving the name of Subodh Kumar as a Lecturer against the first post does not arise.;