KAMAL NARAYAN JHA Vs. THE SECRETARY, UNIVERSITY SERVICE COMMISSION AND OTHERS

JUDGEMENT

(1.) These two writ applications have been heard together as similar and identical questions of facts and law are involved in them. They are being disposed of by a common judgment. There is a College at Dinapur in the district of Patna known as Bindeshwar Singh College. This is an institution which is affiliated to the Magadh University for imparting education both in Arts and Science upto the B.A. and B.Sc. standard. Shri Kamal Narayan Jha, the petitioner in C.W.C.C. 121 of 1968, was appointed a Laboratory Assistant in the Department of Mathematics on the 28th of October, 1960 by the Governing Body of the College, the Secretary of which is respondent no. 2 in both the writ applications. He was confirmed in the said post on the 28th of October, 1961. He was a mere graduate when he was appointed as Laboratory Assistant. He passed his M.Sc. examination in Mathematics from Bihar University in the year 1966 and obtained a high second class degree. Thereafter he was allowed to do teaching in Mathematics and engage B.Sc. class including Honours class from 13 -9 -66. Annexure D, a copy of the certificate of the Principal filed with the rejoinder of the petitioner, would show that Shri Jha worked as a temporary Lecturer in Mathematics from 13 -9 -66 to 31 -1 -67 and again reverted to his substantive post of Laboratory Assistant thereafter. Shri Krishnanand Singh, the petitioner in C.W.J.C. 493 of 1968, was appointed a Laboratory Assistant in the Department of Psychology in the B.S. College on the 7th of August, 1965. He had, however, obtained in 1964 a high second class M.A. degree in Psychology. In this case the certificate of the Principal (Annexure 5) filed with the rejoinder of the petitioner would show that he worked as Lecturer in Psychology from 29 -11 -65 to 31 -1 -66 in the session 1965 -66 and again from 1 -8 -66 to 31 -1 -67 in the session 1966 -67. He engaged honours and pass classes of the degree course.

(2.) It appears that substantive posts of Lecturers in Mathematics and Psychology fell vacant in the College sometime in the year 1967. Both the petitioners applied for being appointed to the posts of Lecturer in their respective subject. It would appear from a resolution of the Governing Body passed in a meeting held on 17th September, 1967, copy of which is Annexure A to the counter affidavit filed on behalf of the Governing Body in C.W.J.C. 493 of 1968, that it was decided, because of their satisfactory service when they worked temporarily in the posts of Lecturer, to appoint them to the posts in the substantive vacancy by promotion. On the basis of this resolution, both the petitioners were allowed to join the posts of Lecturer on 28 -9 -67. A reference was made to the University Service Commission for concurrence in their appointment by a letter written by the Secretary of the Governing Body on 13 -11 -67, a copy of which is Annexure C in C.W.J.C. 121 of 1968 and Annexure 4 in C.W.J.C. 493 of 1968. Of course, in Annexure C the resolution of the Governing Body is not quoted and it is found quoted in Annexure 4. Annexure C was meant for concurrence in the appointment of Shri Jha and Annexure 4 was meant for concurrence in the appointment of Shri Singh. The concurrence, it is clear, was asked for treating the appointment of the two petitioners by promotion to the post of Lecturer from their substantive post of Laboratory Assistant which they were holding previously.

(3.) The University Service Commission, the Secretary of which is respondent no. 1 in both the cases, refused to give concurrence, this is dated 5 -1 -68 Annexure B in one case and Annexure 3 in the other. This is the impugned order in both the writ applications. The letter of respondent no. 1 dated 5 -1 -68 addressed to respondent no. 2 states that since Sarveshri Kamal Narayan Jha and Krishnanand Sigh were Laboratory Assistants, they could not be promoted to the post of lecturer in view of the intimation given by the Magadh University in their letter dated the 19th of September, 1967. In the second paragraph it was stated that under Sec. 48A of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960 (Bihar Act 14 of 1960) their appointment to the post would automatically terminate on 16 -3 -68 on expiry of 6 months from the date of their appointment.