MOHEMMAD ZAHIRUDDIN AHMED AND ANR. Vs. THE BHAGALPUR UNIVERSITY AND OTHERS

JUDGEMENT

(1.) The relevant facts, which are necessary to be stated for the disposal of this writ application, do not seem to be in dispute. Many facts have been stated in the writ application and the annexures appended thereto, but some necessary ones were either omitted or not clearly stated. They would appear from the counted-affidavits filed on behalf of Respondents 1,2 and 4 and their annexures. I shall state them seriatim.

(2.) A college was established at Nirmali in the District of Sahersa in the year 1964. It was named Nirmali College. It was fully affiliated and recognised up to the degree standard from June, 1965. Shrea Mohammed Zahiruddin Ahmed (Petitioner No. 1) was appointed as a lecturer in Philosophy, Shree Dhirendra Prasad Singi (petitioner No. 2) a Lecturer in Political Science, and Shree Jaigovind Jha (Respondent No, 4) a Lecturer in Maithili, by the Governing Body of the College. All tie three joined their posts on the 10th Aug., 1964. The case of the petitioners is that the Governing Body decided the seniority inter se amongst them in its meeting held on the 8th Dec., 1965. According to the said decision (a copy of which is Annexue '1' to the writ application), the order of seniority was ; -

(3.) It is somewhat curious to find that although a decision was taken by the Governing Body on the 15th Jan., 1968, to appoint the two nominees of the Commission to the two posts of the Lecturers, the letters which were written to them were dated the 30th January/14th Feb., 1968, and even in this letter, they were requested to join on or after the 15th July, 1968. A copy of one of the letters written to the two nominees is Annexure 'E' to the counter-affidavit of Respondent No. 4. Prior to the writing of these letters, a letter was written on the 15th Jan., 1968, by the Governing Body to the Commission, again requesting it to concur in the permanent appointment of the petitioners from the date of their joining, i.e. , the 10th August. 1964. A copy of this letter is Annexure D' to the counter-affidavit of Respondent No. 4. The history of joining the posts of Lecturers by Sarvshree Kameshwar Sharma and Kali Nath Jha is not necessary to be recited in this judgment. What is, however, necessary to be stated is that in pursuance of the letter dated the 15th Jan., 1968, (Annexure D') in which there was no indication of the decision of the Governing Body of having appointed the two nominees of the Commission to the two posts, the petitioners were interviewed on the 16th Feb., 1968. Thereafter the Commission gave its concurrence in its letter dated the 7th March, 1968, a copy of which is Annexure '4' to the writ application. This letter was written in reply to the letter of the Governing Body dated the 15th Jan., 1968 (Annexure 'D'). It would be noticed here that though the Governing Body had asked for concurrence of the Commission in permanent appointment from the date of the joining of the posts by the petitioners, i.e., the 10th Aug., 1964, the Commission, in its letter dated the 7th March 1968 (Annexure '4') did not accept that proposal. It concurred in their continuing to do the work, that means in their appointment, but made it clear in paragraph 2 of this letter that the question of their seniority would be determined with reference to the date of the letter (Annexure '4') After the receipt of the letter (Annexure '4'), the Governing Body sent letters (at Annexures '5'/1' dated the 21st March, 1968, with proformas attaching to them, to the Bhagalpur University for its approval of appointments of the petitioners The University approved the appointments as per its letter dated the 13/14th June, 1968 (Annexure '6'). Shortly after the receipt of the letter of the University, the Governing Body took a decision in its meeting held on the 20th June, 1968, and determined the seniority in the following manner:-