SUNIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) INITIALLY , this writ application was filed by the petitioner for direction to respondent nos. 1 to 6 to allow him to function as Lecturer in Sanskrit in Dr. Jaganath Mishra Sanskrit Mahavidyalaya Paston -Navtoli, Madhubani and for payment of salary as he was recommended for the post by the Bihar College Service Commission. However, the prayer was moulded by the petitioner by filing an interlocutory application being I.A.No. 739 of 2000 during the pendency of this application as certain development had taken place and respondent no. 8 was appointed on the post of Lecturer in Sanskrit in the aforesaid College by the Governing Body vide appointment letter no. G/60/2000 dated 17.5.2000 and her appointment has now been challenged.

(3.) COUNTER affidavits have been filed on behalf of respondent no. 6, Governing Body of the College and also by respondent no. 8. The fact that the petitioner was the first nominee, as per recommendation of the College Service Commission, is not disputed by respondent no. 6 in its counter affidavit. However, in the counter affidavit of respondent no. 6, it is stated that it is always desirable to prefer a more suitable, qualified and academically sound candidate for the purpose of appointment and, therefore, the College Service Commission had also given that discretion to Governing Body of the College and accordingly, Smt. Manjula Kumari, respondent no. 8 was found more suitable for the post and accordingly, she was appointed. Respondent no. 8 in her counter affidavit has stated that after comparing the respective merit of the writ petitioner and the answering respondent, a decision was taken to appoint her and accordingly, she gave her joining in the College on 22.5.2000 and since then she is continuing on the post of Lecturer in Sanskrit. It is also stated that the conduct of the petitioner was not found satisfactory as he had produced certain forged order of appointment.