LAL MOHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In spite of repeated calls, non appears for the petitioner. Respondent- University is present. State is also present. Perused the pleadings.

(2.) It appears that under Veer Kunwar Singh University,Sumitra Mahila College, Dumraon is an affiliated college. As per the provisions of the Bihar State Universities Act ,1976, all appointments of teaching staff has to be made as per recommendation of the Bihar College Service Commission. It appears that there were two sanctioned posts for lecturer in History in the said College. Accordingly the Bihar Public Service Commission first issued advertisement being Advertisement No. 416B/94, for one post of History teacher. Immediately, thereafter, it issued Advertisement No. 1250 of 1994 for both the teachers without superseding the earlier advertisement. It is not in dispute that respondent no 8 applied for the solitary post that was advertised in the first advertisement and the petitioner applied for two posts as advertised in the second advertisement. The College Service Commission made two recommendations for the first post and two recommendations for the second post, as is evident from Annexure 2 to the writ petition. For the first post, it recommended one Mithlesh Kumar Singh and Smt Meera Kumari (Respondent No.8 ). For the second post, it recommended the petitioner as serial no1 and one Raj Kumar as serial No 2 .It appears that the Governing Body of the College considered the recommendation and appointed Mithlesh Kumar Singh as against the first post and respondent no.8, Smt Meera Kumari on the second post ignoring the claim of the petitioner. This has brought the petitioner to this Court.

(3.) A Counter Affidavit has been filed by the University stating that in all two sanctioned posts were advertised and four recommendations having been received. Governing Body choose two names therefrom giving preference to respondent no 8 being lady as it was a Women?s College. Having perused the pleadings, in my view, no exception can be taken to the selection, as made by the Governing Body. It may be noted that appointment in the College of teaching staff has to be made on recommendation of the Bihar College Service Commission but that does not mean that seriatim of recommendation has to be adhered to .It is for the Governing Body to choose two persons recommended . Here for two sanctioned posts, four names were recommended . The Governing Body choose the first two names.