OM PRAKASH SINGH Vs. BIMAL PRASAD SINGH

JUDGEMENT

(1.) This Appeal preferred under Clause 10 of the Letters Patent arises from the common judgment and order dated 28th January 2011 passed by the learned single Judge in so far as CWJC No. 17804 of 2009* is allowed.

(2.) The Appellants are 18 of the defending Respondent Nos. 6 to 32 in the Writ Petition. The subject matter of dispute is the selection and appointment of the Appellants as Principals in the constituent colleges of the Respondent-Magadh University (hereinafter referred to as "the University") . The facts leading to the present Appeal are as under:

(3.) On 25th October 2008, an advertisement was published under the name of the Vice Chancellor of the University calling for applications from eligible candidates for appointment on 22 vacant posts of Principal in its constituent colleges. Of the 22 vacancies advertised, 6 were reserved for Scheduled Caste candidates, 1 for Scheduled Tribe candidate and 7 for Extremely Backward Class candidates. Eight vacancies were available for General Category candidates. Against the 22 vacancies advertised, the University, under its Notification dated 8th June 2009, published a select list comprising 23 General Category candidates, 14 Extremely Backward Class candidates and 12 Scheduled Caste-candidates. Against the vacancy reserved for Scheduled Tribe candidate, no application was received. Pursuant to the said select list, under its Notification dated 9th June 2009, the University made 8 appointments in General Category, 2 in Backward Class II category, 1 in the category of Sikh minority, 7 in the category of Extremely Backward Class and 6 appointments in the category of Scheduled Caste. Thus, against the 22 posts advertised, the University made 24 appointments. The University made appointment in the categories of Backward Class II, Other Backward Class and the Sikh minority without advertising such reservation. The University made two more appointments on 27th August 2009. The Appellants are 18 of the 27 selected candidates.