SUMEDHA TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by shambhu Sharan Prasad who was Respondent 6 m Civil Appeal No. 306 of 1998 for recalling the order of this Court dated 19/1/1998 whereby this Court while allowing the said appeal has set aside the judgment of the High court dated 27/1/1997 in LPA No. 13 62 of 1996 and has directed the College Service commission to select a suitable lady candidate for appointment to the post of Principal of bokaro Manila College (hereinafter referred to as "the College") and that if the appellant [dr. (Ms. ) Sumedha Tripathi] submits her application in this regard and it is found that she has crossed the maximum age prescribed for such appointment she may be granted relaxation in that regard. On the basis of the communication dated 17/11/1980 from shri A. K. Bishwas, Joint Secretary to the government of Bihar, Education Department,: to the Vice Chancellor, Ranchi University, regarding sanction/creation of teaching posts in the College, the letter of the Deputy Registrar, ranchi University, dated 15/3/1983 (correct date March 5, 1983) addressed to the secretary of the College regarding continuance of the affiliation of the College and the requisition dated 20/3/1984 from the governing Body of the College to the College service Commission (hereinafter referred to as "the Commission") for selecting a person for appointing on the post of Principal of the College the Court has taken the view that the post of Principal of the College has to be held by a lady and the recommendation that had been made by the Commission whereby names of respondents 6 and 7, who are males, had been recommended for appointment on the said post could not be upheld.

(2.) In this application Respondent 6 has submitted that the copy of the letter dated 17/9/1980, filed by the appellant and on which reliance was placed by this Court, is not the correct copy of the letter which was actually sent by Shri A. K. Bishwas to the vice Chancellor, Ranchi University, and the original letter does not contain the word "' Pradhanacharya" but contains the word "pradhanacharva". In the application, it is also stated that the letter dated 5/3/1983 from the Deputy Registrar, Ranchi University, addressed to the Secretary of the College to which reference has been made by this Court does not exist and is a fabricated document. The requisition dated 20/3/1984 from the governing Body of the College to the commission is also claimed to be a fabricated document.

(3.) By order dated 3/8/1998 notice on the said application was issued to the registrar, Acharya Vinoba Bhave University, which is now the successor of Ranchi university and the Registrar was directed to file a reply to the said application and produce before the Court original documents having a bearing on the matter. The State of Bihar was also directed to file original documents in its possession which are connected with the application and produce office copy of the letter dated 17/11/1980 addressed by A. K. Bishwas to the Registrar of Ranchi University.