SHASHI KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is a sequel to earlier writ petition filed by the petitioner bearing CWJC No. 10442/2002 which was allowed by judgement and order dated 08-07-2003 contained in annexure-11 to the writ petition. By that judgement this court quashed the order of concurrence dated 09-08-1985 to the appointment of respondent No. 7 as Principal, Sher Shah College, Sasaram passed by the Bihar College Service Commission (in short the Commission) contained in annexure-1 to that writ petition. The court also quashed the original order of the Commission granting such concurrence contained in annexurer-2 to that writ petition which appears to be dated 09-02-1984. This was done on the basis of a finding that Dharmraj Singh, respondent No. 7 falsely claimed teaching experience of two years in Shanker College and as such he did not have the requisite qualification for appointment as a Principal. On the basis of a finding to the effect that he did not have minimum experience as a lecturer to make him eligible for consideration, the court directed that respondent No. 7 (respondent No. 9 in the earlier writ petition) shall cease to function as Principal of Sher Shah college, Sasaram forthwith. The Vice Chancellor was directed to appoint a senior lecturer as Professor in- charge for the college as per Statute and rules who shall discharge the duties of professor incharge temporarily till the post of Principal is duly advertised and filled up in accordance with law.

(2.) The University passed an order dated 17-07-2003 (annexure-14) in compliance of order of this court, to the effect that respondent No. 7 shall cease to be Principal of Sher Shah College, Sasaram. In the meantime, respondent No. 7 had been transferred as Principal, G. B. College, Ramgarh. He was discharged from Principal-ship of that college and was posted as lecturer in the department of physics of that college. It is not in dispute that respondent No. 7 failed in his challenge to the judgement and order dated 08-07-2003 as is apparent from the order of the Division Bench dated 18-07-2003 (annexure- 12) passed in LPA No. 633/2003. Against the order of Division Bench respondent No. 7 preferred SLP (Civil) No. 14241/2003 which was dismissed on 21-11-2003 (annexure-13). He also failed to get any relief in Civil Review No. 244/2003. The University regularized respondent No. 7 as lecturer in physics with effect from 28-03-1980 by order dated 23-03-2006 contained in annexure-15. Against the decision of the University dated 23-03-06 respondent No. 7 preferred appeal before the Chancellor which was dismissed by order dated 16-11-2006 (annexure-16) which discloses that the Chancellor found that the matter stood finally determined as per order of the Hon'ble Supreme Court. Thereafter, by the impugned order contained in annexure-1 dated 12-05-2007 the Vice Chancellor of Veer Kunwar Singh University, Ara which had been created as successor of Magadh University for the area in question in November, 1992 superseded the order dated 23-03-2006 (annexure-15) and ordered to absorb services of respondent No. 7 as Principal of Sher Shah College, Sasaram since 03-07-1983. This order was issued in the light of Syndicate's resolution in respect of concerned matter dated 11-05-2007. The present writ petition is filed by the petitioner, as noted above, as a sequel to earlier writ petition. The decision of the University dated 12-05-2007 contained in annexure-1 has been challenged mainly on the ground that the University or the Vice Chancellor had no jurisdiction or power to ignore the judgement of this court dated 08-07-2003 which had attained finality. The order dated 23-03-2006 had also attained finality so far as the University is concerned in view of dismissal of appeal preferred by respondent No. 7 before the Chancellor.

(3.) To defend the impugned order respondent No. 7 as well as the University have relied mainly upon the fact that by way of take over of the college in the 4th phase, Sher Shah college, Sasaram became a constituent college in 1986 and that created a fresh occasion for considering the issue of absorption of teachers and Principal of that college. According to learned senior counsel for respondent No. 7, fresh consideration of case of respondent No. 7 was required in view of Justice Agrawal Commission's report, extract whereof is available as annexure-R to supplementary counter affidavit of respondent No. 7, and in the light of judgement of the Apex Court in the case of State of Bihar vs. M. S. E. S. K. K. Mahasangh, 2005 1 PLJR(SC) 464 whereby Justice Agrawal Commission's report was accepted by the Apex Court and the University was directed to take required decision as per judgement of the Supreme Court noted above which was passed on 12-10-2004. Such considerations started with constitution of a Committee by the University vide memo dated 28-2-2007. The report of the Committee dated 14-04-2007 contained in annexure-B to the counter affidavit of respondent No. 7 led to decision in favour of respondent No. 7 which is contained in annexure-1 dated 12-05-2007.