ARUN KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE application was initially preferred by petitioner, Arun Kumar Srivastava against the order of Chancellor dated 8.1.1998 communicated vide Memo no. 981 dated 19.3.1998 whereby and whereunder the Chancellor remitted the case of petitioner to B.R.A Bihar University for its adjudication. It was alleged to be illegal, Chancellor having not decided the issue in spite of remand made by the Court for his decision.

(2.) THE case was taken up on 17.11.1999 when this court directed the Vice -Chancellor to decide the issue after notice and hearing the parties. The Vice -Chancellor thereafter on hearing the parties passed impugned order and communicated the same to petitioner on 27.12.1999 {Vide Annexure -25), which has been challenged by petitioner in amendment petition. The prayer of petitioner for his appointment as lecturer on regular basis has been rejected and the appointments of 7th respondent, Jai Narain Prasad and 8th respondent, Raj Kishore Singh have been upheld. Further prayer has been made for production of the copy of order of appointment of 7th and 8th respondent and to quash the same. The court being not satisfied with the allegation of malafide against Dr. S.N. Sinha, Vice -Chancellor, had not issued any notice to him.

(3.) /1/2013 Page 132 (Math.) in spite of recommendation in his favour as first nominee. 4. From the facts, as narrated and taken into consideration in the impugned order dated 27.12.1999, the following facts emerges : Murari Krishna Prasad Sinha Versus State Of Bihar An advertisement was published in the newspaper 'Indian Nation ' on 10.8.1984 wherein 20.8.1984 was the last date fixed for filing application. The candidates were asked to appear in the interview on 25.8.1984. However, the interview actually held on 2.9.1984, instead of 25.8.1984 whereinafter the selection Committee made recommendation. In the panel, the petitioner was shown at serial no. 1 whereas respondents, Jai Narain Prasad and Raj Kishore Singh were shown at serial nos. 2 & 3 respectively. Thereafter the Governing Body of the college in its meeting dated 28.4.1985 vide resolution no. 5 resolved to approve the appointment in accordance with seriafim/position as shown in the panel/merit list. However, the said proceeding was annuled on the same date with a foot note on the ground of lack of quorum. By its subsequent meeting held on 11.8.1985 decision was taken to appoint 7th respondent, Jai Narain Prasad and 8th respondent, Raj Kishore Singh against first and second posts respectively. The appointment orders were issued in their favour. It appears that the Principal of the college vide letter dated 21.2.1985 informed that since last week of August, 1984 the 7th and 8th respondents were working, but on the basis of record, it will be evident that the formal decision was taken by Governing Body to appoint them subsequently, on 11.8.1985. How they were allowed to work since the end of August, 1984 has not been made clear when the advertisement was published on 10.8.1984 and the interview took place on 2.9.1984. the formal date of order of appointment of 7th & 8th respondents has also not been shown, nor mentioned in the impugned order.