NAVIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two writ applications have been filed for interconnected reliefs as such these are heard analogous and being disposed of by a common order.

(2.) C.W.J.C. No. 2103 of 2009 has been filed by Navin Kumar, a Senior Lecturer in the Post-Graduate Department of Geography in the Veer Kunwar Singh University, Ara, who had applied for the post of Principal pursuant to Advertisement No. 02/07, published by Tilka Manjhi Bhagalpur University, Bhagalpur, but could not be selected, as alleged by him due to illegality observed in selection process. Petitioner has challenged the appointment of 16 persons as Principals of constituent colleges under Tilka Manjhi Bhagalpur University, made in exercise of powers under Section 57(8) of Bihar State Universities Act, 1976, read with Section 10(12) of the Bihar State Universities Act, 1976, on recommendation of the University Selection Committee constituted under the provisions of statute dated 30.6.2008. Appointments have been made vide Notification No. 04-19/08/CCDC dated 29.9.2008 issued under the signature of CCDC, Tilka Manjhi Bhagalpur University. The prayer of the petitioner is for quashing of notification of appointment Annexure-5 to the writ application, on the ground that--selection has been made pursuant to perfunctory and sham selection procedure and in violation of the provisions of Bihar State Universities Act, 1976, statute dated 30.6.2008 issued by the Chancellor of the Universities of Bihar under 1976 Act--reservation policy of State applicable in such appointment, and illegal exercise of emergency powers of Vice-Chancellor as provided under Section 10(12) of the Act, despite the fact that meeting of syndicate was held on that very day by which notification for appointment had been issued, but it was not included in the agenda. Matter of appointment was completely suppressed from the syndicate, the highest executive body of the University, and syndicate was bypassed and till date its' approval has not been taken, though mandatory, in case notification had been issued in exercise of emergency powers of Vice-Chancellor under Section 10(12) of the Act.

(3.) C.W.J.C. No. 12195 of 2009 has been filed by Principals, appointed vide Notification No. 04-19/08/CCDC dated 29.9.2008, for quashing of letter No. 1621 dated 7.9.2009 issued by the Human Resources Development Department informing the Registrar of the Tilka Manjhi Bhagalpur University that the Government has decided to conduct an enquiry into the matters of appointment of Principals and till the date opinion of the Department in this regard is not issued, payment of salary to such appointed Principals shall remain stayed. Petitioners have also prayed for quashing of letter No. 1627 dated 7.9.2009 issued by the Human Resources Development Department informing the Registrar of the University that all appointments made during the tenure of the then Vice-Chancellor would remain stayed.