SUMEDHA TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard learned counsel for the parties.

(3.) This appeal relates to appointment to the post of Principal of Bokaro Mahila College (hereinafter referred to as "the College"). The said appointment has to be made on the basis of selection to be made by the Bihar College service Commission (hereinafter referred to as "the Commission"). The Commission recommended the names of Respondents 6 and 7 for the said post. Both are males. The appellant was appointed on temporary basis as the Principal of the College by order dated january 14, 1983. The Commission has given concurrence to the appointment of the appellant till a final recommendation is made by it. On the basis of advertisement issued in 1994, the commission, after considering the applicants, which included the appellant, has recommended the names of Respondents 6 and 7 for appointment as Principal of the College. The appellant filed a writ petition in the Patna high Court challenging the said recommendation made by the Commission on the ground that only a female applicant could be recommended for appointment to the post of principal and that the recommendation of the names of Respondents 6 and 7, who are males, was not permissible. The said writ petition was dismissed by the learned single Judge and the letters patent appeal filed by the appellant against the said judgment of the learned single judge has been dismissed by the Division bench of the High Court by the impugned judgment dated January 22, 1997.