AKHILESH KUMAR PANDEY Vs. JAI PRAKASH UNIVERSITY

JUDGEMENT

(1.) This is yet another case in which interference of the Government and its functionaries in the functioning of statutory body like University, being governed by Act and Statutes for its functioning, has come to light.

(2.) From Annexure-8, it appears that on the basis of resolution of the Promotion Committee of the University dated 3.5.2007, Petitioner was promoted on the post of Head Clerk in Gopalganj College, Gopalganj. The said decision of the Promotion Committee was notified by the Registrar of the University through his office order contained in memo No. 5800(R) dated 5.6.2007. From Annexure-2, it appears that, soon after the said order was issued, under the signature of the Registrar, some communication was received in the University from one Deputy Secretary of the Bihar Vidhan Parishad contained in letter No. 2329 dated 4.7.2007 which contained some direction, in the light of which the Registrar by his letter No. 5958(R) dated 21.7.2007 (Annexure-2) stayed the said office order, as contained in Annexure-8, by which, the Petitioner was promoted to the post of Head Clerk. Annexure-2 clearly shows that the Registrar had issued the office order only on the dictates of the Deputy Secretary of the Bihar Vidhan Parishad. Thus, hardly one month after the order of promotion of the Petitioner was issued on the basis of resolution of the Promotion Committee, the same was stayed at the instance of the direction contained in the said letter of the Deputy Secretary. Thereafter, matter remained pending and it is clear that the University did not venture to take any independent decision in any manner whatsoever. Finally, another office order was issued by the Registrar, as contained in memo No. 528(R) dated 21.8.2008 (Annexure-1), by which, on the recommendation of the Nivedan Samittee of Bihar Vidhan Parishad, the Respondent No. 3 was promoted to the post of Head Clerk in Kamla Rai College, Gopalganj, which was the new name of erstwhile Gopalganj College, Gopalganj. Thus, for all practical purposes the promotion of the Petitioner stood cancelled and Respondent No. 3 stood promoted to the post of Head Clerk on the dictates of the Nivedan Samittee of Bihar Vidhan Parishad. During this entire period, the matter was not placed before the Promotion Committee of the University for its reconsideration independently on merits.

(3.) learned Counsel for the University as well as learned Counsel for the Respondent No. 3 submit that, after the said order was issued by the Registrar on the dictates of the Deputy Secretary of the Bihar Vidhan Parishad, the matter was heard by the Director in which Petitioner also participated and thereafter, the Director submitted his report to the Nivedan Samittee of the Bihar Vidhan Parishad. On the basis of said report of the Director, Higher Education, the Bihar Vidhan Parishad had made recommendation which was complied with by the Registrar by the impugned order Annexure-1.