- (1.) BY Court These two appeals have been preferred against the judgment and order dated 16.9.2002 passed by the learned Single Judge in W.P.(S) No.1051 of 2002, by which the writ petition filed by the petitioner, Rajendra Kumar, who is the appellant in L.P.A N o.534/2002, although was allowed, the relief specifically sought by him, seeking appointment on the post of Principal, was not granted by the learned Single Judge, as the respondent authorities were merely permitted to fill up the post of Principal in K.S.G.M College on regular basis. However, in the interest of administrative exigency, the senior most teacher of the College was permitted to be made Professor In -charge to function and discharge the duties of Principal.
(2.) THE petitioner, Rajendra Kumar, appellant in L.P.A No.534/2002 had filed the writ petition against the decision dated 6.11.2000 taken by the Governing Body of K.S.G.M College, Nirsa, whereby and whereunder the respondent no.7 in the writ petition, Dr.M.C.P Shaw, had been appointed on the post of Principal of K.S.G.M College and the Governing Body of the College had appointed him (respondent no.7) in pursuance of the recommendation made by the Bihar College Service Commission, as it then existed. The petitioner -appellant, Rajendra Kumar, had assailed the decision appointing respondent no.7 on the post of Principal of K.S.G.M College essentially on the plea that he was not having the requisite 12 years of teaching experience as per the advertisement on a sanctioned post of Lecturer, which was the requirement even as per the advertisement, nor he was possessing 1st Class post -graduate degree, which was the requirement as per the guidelines of All India Council for Technical Education. The petitioner had filed the writ petition on the averment that he was a better qualified person than the respondent no.7, as he was possessing 1st Class post -graduate degree in Commerce and was also having the requisite teaching experience of 12 years on a sanctioned post of Lecturer, which were the essential qualifications in terms of the advertisement. According to his contention, he was wrongly denied appointment of Principal in the College by the Selection Committee of the Bihar College Service Commission and the Bihar College Service Commission indulged in illegality and irregularity by recommending the name of respondent no.7 for appointment on the post of Principal, who was neither having the requisite teaching experience, as per the petitioner, nor possessed better qualification than the petitioner, Rajendra Kumar.
(3.) THE learned Single Judge entered into a scrutiny of the respective qualifications of the contesting parties, viz the petitioner, Rajendra Kumar and the respondent no.7, Dr.M.C.P Shaw, and was finally pleased to hold that neither the respondent no.7 was having the requisite teaching experience of 12 years, nor the petitioner, Rajendra Kumar, was possessing the teaching experience of 12 years on a sanctioned post and therefore, the learned Single Judge was pleased to allow the prayer of the petitioner, Rajendra Kumar, only to the extent by which the appointment of respondent no.7 was quashed and set aside and an interim arrangement was ordered to be adopted by the Governing Body of the College by deputing the senior most teacher as the Professor In -charge to discharge the duties of the Principal of the College. This is how, these two Letters Patent Appeals have been preferred - one by the petitioner, Rajendra Kumar and the other by the respondent no.7, Dr.M.C.P Shaw, as both are aggrieved against the impugned order and judgment of the learned Single Judge.;