GANESH PRASAD DUBE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal, on certificate, the appellant challenges the order dated February 17, 1969 of the Patna High Court dismissing summarily C.W.J.C. No. 153 of 1969 filed under Article 226 of the Constitution.

(2.) The appellant was appointed by the order dated March 21, 1968, by the State of Bihar temporarily to act as Director of Public Instruction, Bihar, On the date of the said appointment the appellant was the Director of State Institute of Science. In the endorsement in this order, it was stated that the appellants appointment as Director of Public Instruction has been made by promotion on a temporary basis for a period not exceeding six months in anticipation of the concurrence of the Public Service Commission. By order dated November 18, 1968, the State Government passed an order posting the appellant as Director of State Institute of Education. It is stated in the said order that the appellant had been officiating in the post of Director of Public Instruction by virtue of the order dated March 21, 1968.

(3.) The appellant filed C.W.J.C. No. 153 of 1969 before the High Court challenging this order of November 18, 1968 on various grounds. He had also alleged mala fides in the passing of the said order. In the view that we take that the order of the High Court granting the certificate has to be remitted for fresh consideration, we do not purpose to refer to the various grounds of attack made by the appellant in his writ petition before the high Court. The High Court by its order dated February 17, 1969 has taken the view that as the appellant's appointment as Director of Public Instruction was on a temporary basis for a period not exceeding six months in anticipation of the concurrence of the Public Service Commission, and the Public Service Commission, which was subsequently consulted did not give its concurrence to the appointment of the appellant as Director of Public Instruction and therefore, the Government passed the impugned order dated November 18, 1968 posting the appellant as Director, State Institute of Education. As the appellant was appointed purely on a temporary basis, he has no right to claim the post. The High Court has further expressed the view that it is not satisfied prima facie that there was any fides on the part of the Public Service Commission in not giving its concurrence to the appointment of the appellant or on the part of the Government in not appointment the appellant as Director of Public Instruction. A further contention taken on behalf of the appellant that the impugned order was not in conformity with the decision of the Council of Ministers, was rejected by the High Court. On this reasoning the High Court had "as no prima facie case has been made out for interference with the order of the Government, as contained in Annexure 1, this application is summarily rejected". Annexure 1 in the above quotation was the impugned order dated November 18, 1968. It may be noted that the writ petition was dismissed without issuing notice to the State and other respondents therein.