- (1.) THE present writ petition has been preferred mainly for the reason that initially petitioner had joined service as Assistant -Professor cum Junior Scientist in Birsa Agricultural University, Ranchi (respondent no. 1). At that time there was condition as per Annexure -1 notification to execute a bond to serve for a minimum period of three years from the date of joining. As per the service condition laid down in the notification, if the petitioner chooses to leave the university before three years, the university would be entitled to recover the total amount of emoluments received by the petitioner together with the cost, if any, as may be assessed by the University.
(2.) COUNSEL appearing on behalf of the petitioner submitted that petitioner applied in West Bengal University thereafter, he was selected on the post of Lecturer in the Department of Veterinary, Pharmacology and Toxicology in West Bengal University, but, he was not relieved by the University to join the new post. Thereafter, petitioner preferred a writ petition in this Court bearing W. P. (S) No. 6117 of 2007 and order passed by this Court in W. P. (S) No. 6117 of 2007 vide order dated 12.12.2007 directing the Vice -Chancellor, Birsa University, Kanke, Ranchi to take a decision in the matter on the application filed by the present petitioner and pass appropriate orders in accordance with law. Thereafter, Dr. L. B. Singh, Director administration, Birsa Agricultural University, Kanke, Ranchi passed an order that the petitioner may not be relieved to join the West Bengal University unless he will deposit the total emolument received as a salary as per the agreement/bond which is Annexure -2 to the memo of the present petition. I have heard counsel for the respondent who has vehemently submitted that with all open eyes the petitioner had entered into contract which is Annexure -1 to the memo of the present petitioner. As per direction given in the earlier writ petition by this Court to the Vice -Chancellor to pass appropriate orders in accordance with law, the Vice -Chancellor, Birsa Agricultural University, Ranchi (respondent no. 1) has taken a decision within stipulated time.
(3.) IN view of this submissions and looking to the facts and circumstances of the case, I hereby quash and set aside order at Annexures -12 and 15 to the memo of the petition dated 19th of December, 2007 and 17th of April,2008 as no opportunity to being heard was given to the petitioner and I hereby direct the Vice -Chancellor, Birsa Agriculture University, Ranchi (respondent no. 1) to decide afresh, the matter after giving opportunity, to the present petitioner, of being heard and compute the quantum of money to be paid to the respondent no. 1 in lieu of the minimum service of a period of three years. In view of the notification which is Annexure -1 to the memo of the present petition and bond is executed by the petitioner which is Annexure -2 to the memo of the present petition. A sympathetic view will be taken by the Vice -Chancellor, looking to the higher education of the present petitioner, as expeditiously as possible and practicable, preferably within a period of four months from the date of receipt of the order of this Court.;