SHRIMATI MEERA SINGH Vs. THE UNIVERSITY OF BHAGALPUR AND OTHERS

JUDGEMENT

(1.) The petitioner, who was temporarily appointed as a lecturer in the department of Political Science in Sunderwati Mahila Mahavidalaya, Bhagalpur by a notification dated the 17th May, 1974 (Annexure 'B' to the counter-affidavit filed by respondents 1 to 3), is challenging the order of termination of her service by notification dated the 6th Sept., 1974 (Annexure 1/A to the writ application). The relevant facts are these :

(2.) The case of the petitioner is that on the request of the University of Bhagalpur, the State Government accorded sanction for creation of a permanent post of a lecturer in Political Science for the aforesaid college. As the Syndicate had other bodies were suspended, the authorities of the Bhagalpur University took steps to fid up the post and sent a requisition to the Public Service Commission on 21-2-1973 to advertise the post on a temporary basis. The advertisement was, accordingly, made by the Commission on the 9th April, 1973 (vide second annexure to Annexure D/1 to the second supplementary counter-affidavit filed on behalf of respondent No. 5) and interview was held on 20th Feb. 1974, in which the petitioner as well as respondent No. 5 appeared. The Commission, however, recommended the name of the respondent No. 5 as to the first nominee aid the petitioner as the second nominee. It may be mentioned that respondent No. 5 bad already been appointed on a purely temporary post under the authority of the Vice-Chancellor as a lecturer in the said department, inspite of the recommendation of the Public Service Commission, the Vice-Chancellor (respondent No. 2) on the University of Bhagalpur (respondent No. 1) passed an order for the appointment of the petitioner on 15-5-1974 and the consequent notification was issued on 17-5-1974. This notification clearly states that the appointment of the petitioner was temporary and was subject to the conditions that the petitioner will have to accept the scale of pay as mentioned in the advertisement (also mentioned in the notification in question) and to accept the rules of the University which were in force. It was also indicated that the appointment of the petitioner could be terminated at any time without any prior intimation. The petitioner was posted in Sunderwati Mahila Mahavidyalaya, Bhagalpur, and was directed to join the post after the summer vacation, on 17-6-1974 or within a week thereafter, otherwise her appointment would be terminated without any notice. As it appears from the counter-affidavit filed by respondents 1 to 3 the summer vacation was extended on account of some political disturbances and the college remained closed till 14th July 1974 under tie orders of the State Government. The necessary notification in this regardissued by the University has also been trade as Annexure "D" to the said counter-affidavit. Respondents 1 to 3 have also annexed an order of the University dated the 9th April, 1974 as Annexure "E", addressed to the Principals of the constituent colleges and the Heads of the Post-Graduate Departments directing them that all temporary teachers or those who were appointed on the recommendation of the Bihar Public Service Commission should be allowed to join their posts on re-opening of the college.

(3.) The case of the petitioner, however, is that in pursuance of the notification dated 17th May, 1974, directing her to join her post on 17-6-1974, she addressed a letter to the Registrar of Bhagalpur University, on 17-6-1974, stating 'I am joining my post in your office in the forenoon of today, the 17th June, 1974". A copy of this letter has been made Annexure "5" to the rejoinder on behalf of the petitioner to the counter-affidavits of respondents 1 to 3 and 5. There is an endorsement of the Registrar made on 17-6-1974 on the margin of this joining report of the petitioner reading as "Received a copy of it. College including S.M. Mahavidyalay are closed under instructions Horn Government". To the same rejoinder, the petitioner has annexed another letter dated 17-6-1974 (Annexure 5/A) addressed to the Registrar, staling that when she presented herself before the Principal of the College on that day at 10. 30 A. M., she refused to receive her joining report and told her that the Vice-Chancellor had vorbally instructed her not to receive the joining report and, accordingly, she submitted the joining report to the Registrar (Annexure 5 already referred to earlier).