GOVT BODY LP SHAHI COLLEGE Vs. SEEMA MISHRA

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed against the order dated 2.11.2007 passed in C.W.J.C. No. 8004 of 2000 whereby the writ petition filed by the petitioner/respondent No. 1 has been allowed directing the respondents to appoint the petitioner to the second post of Lecturer in the Department of Labour and Social Welfare in L.P. Shahi College, Patna, an affiliated college of Magadh University with notional benefits. The grievance of the respondent-petitioner was that she applied for one of the post of Lecturers in the Department of Labour and Social Welfare in pursuance of advertisement No. 1 to 1085. She has undergone the process of selection conducted by the Bihar College Service Commission (hereinafter referred to as 'the Commission') and got her name figured in the recommendation made by the Commission for the second post. Further case of the respondent-petitioner was that she could find from the letters of recommended candidates that a direction was given to appoint one person from the recommendation of two names by the Commission although advertisement was for the two posts. The matter has been contested by the opposite parties.

(2.) Learned Single Judge has heard the matter extensively and has observed that the Commission intended to recommend two names against the two posts for the reason that the statement made in the counter affidavit by respondent No. 4 would go to show that there is second post kept vacant and respondent No. 4 has no objection in appointing the suitable candidate to the said post. Learned Single Judge directed the appellants-respondent to appoint the respondent-petitioner to the Department of Labour and Social Welfare but, however, with the conditions that she will be entitled to the raised salary with added increment etc. which would have fallen due to her from the date Dr. Siyaram Sharma and other persons, whose names figured in the list, joined till the date the respondent-petitioner joins. Aggrieved by such direction, Governing Body of L.P. Shahi College has represented through its Secretary by filing this L.P.A.

(3.) It has been contended by the learned counsel appearing on behalf of the appellants-Managing Committee-Governing Body that the direction of the learned Single Judge is not in conformity with the recommendation of the Commission as it had not recommended the name of the respondents-petitioners for the second post. Hence, direction of the learned Single Judge to appoint the respondent-petitioner could not be complied for the reason that the role of the Governing Body is very restricted with reference to the selection and appointment. Only at the behest of the recommendation of the Commission the Governing Body can appoint by making selection out of the names recommended by the Commission. It is also further argued that Section 2(10) of the Bihar College Service Commission Act, 1976 makes it clear that in no case the Governing Body shall appoint a person who is not recommended by the Commission.