VINOD KUMAR SUMAN Vs. MD. FAISAL AHMAD

JUDGEMENT

(1.) Heard Mr. Purshottam Kumar Jha, learned Advocate for the appellant and Mr. Vinay Kumar Mishra for the State.

(2.) The appellant was appointed as Director of Rural Institute of Higher Studies, Birauli, Samastipur, which appointment letter was issued by the Education Department, which was found to be in breach of the rules of appointment which directed for appointment to the post of Director by the governing body constituted for the purpose from amongst the recommended candidates by the Selection Committee, so constituted for the purpose. All the processes by which the appellant was appointed, was within the rules except for the issuance of appointment letter by the Education Department in place of the governing body of the Institute.

(3.) The learned Single Judge found the breach of such appointment process to be fatal and set aside the appointment of the appellant, reserving the liberty to the respondent to start the process of filling up the post of Director of Rural Institute of Higher Studies, Birauli, Samastipur at the earliest in accordance with law.