SHIV NARAIN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent of the Patna High Court is directed against the order dated 28.4.2000, passed in CWJC No. 2773 of 1998, by a learned Single Judge of this Court whereby he has held that unless the case of absorption of respondent No. 2, Madan Mandal, against the first post of lecturer in the faculty of Commerce in the Lohia Charan Singh College, Ambedkar Nagar, Darbhanga, is finally decided, the said post cannot be filled up on the basis of the recommendation of the Bihar College Service Commission, Patna (hereinafter referred to as the Commission). However, he has directed that fresh recommendations against the 2nd, 3rd and 4th vacant posts in the said faculty in the college be made.

(2.) THE appellants, two in number, filed the writ petition giving rise to the present appeal for a direction to the Governing Body of the aforesaid College and its office bearers to appoint them on the post of lecturer in commerce faculty as their names have been recommended by the Commission.

(3.) THE stand of the appellants is that, according to the statutory provision, the only mode of appointment to the post of teachers of affiliated colleges is on the basis of the recommendation of the Commission and as their names have been recommended, they should be appointed to the said post.