AMARESHWAR SAHAY, J. - (1.) IN view of the fact that both the writ applications are inter -connected and, therefore, both the applications are taken up together and are disposed of by this common judgment. Facts of W.P.(S ) No. 4892 of 2003:
(2.) THE petitioner, Uday Narain Choudhary, has challenged the order as contained in Annexure -7 to this writ petition i.e. the order passed by the Chancellor, Universities of Jharkhand by which the representation filed by Nawleshwari Jha, questioning the legality of the appointment of the writ petitioner, Uday Narain Choudhary, as Lecturer in the Department of Philosophy in S.V.S.S.P.S. Janjatiya Mahavidyalaya, Pathargama, Godda, was allowed and appointment of writ petitioner, Uday Narain Choudhary was declared to be illegal with a direction to the Governing Body of S.V.S. S.P.S College to appoint Mr. Nawleshwari Jha as Lecturer in the Department of Philosophy in the said College. The case of the writ petitioner, Uday Narain Choudhary, is that on 1.8.1988 he was appointed by the Governing Body of the College as Lecturer on temporary basis in the Department of Philosophy and accordingly he joined on 5.8.2008. The aforesaid College is affiliated with Sidhu Kanhu University, Dumka. Subsequently in the year 1998, an advertisement was published by Bihar College Service Commission inviting applications for the post of Lecturer in the Department of Philosophy in S.V.S.S.P.S Janjatiya Mahavidyalaya, Pathargama, Godda. The petitioner applied for being appointed as Lecturer in the Department of Philosophy in the said College having requisite qualifications. The College in question also recommended his name for such appointment. Ultimately, the Bihar College Service Commission by issuing Annexure -3 recommended the names of two persons against 3rd post in the Department of Philosophy. The name of Nawaleshwar Jha - respondent no. 9 was placed at Serial No. 1 whereas the name of Uday Narain Choudhary was placed at serial no. 2 in the order of preference. The Governing Body of the college appointed the petitioner, Uday Narain Choudhary against the 3rd post as Lecturer in the Department of Philosophy. The respondent no. 9, Nawleshwari Jha being aggrieved by the appointment of the petitioner made a representation before the Chancellor, Universities of Jharkhand making grievance that though his name appeared at serial no. 1 in the recommendation made by the Bihar College Service Commission but ignoring his name, the Governing Body of the College has appointed Uday Narain Choudhary as Lecturer in the Department of Philosophy though he was at serial no. 2 in the recommendation of the Bihar College Service Commission.
(3.) FROM perusal of the order of the Chancellor, Universities of Jharkhand, it appears that he after considering the judgment of Patna High Court in the case Bahadur Prasad V/s. Bihar College Service Commission passed in C.W.J.C. No. 1911 of 2000 disposed of on 28.6.2001 held that when the name of a person is placed at serial no. 1 in the select list by the selecting authority, denial of appointment to him and giving the appointment to a person placed lower is a clear violation of Articlse 14 and 16 of the Constitution of India. Accordingly, after considering the facts and circumstances of the case, he came to the conclusion that the appointment of petitioner, Uday Narain Choudhary against the 3rd post as Lecturer in the Department of Philosophy in S.V.S.S.P. S. Janjatiya College, Pathargama, Godda is illegal.;