SHIV LOCHAN JHA Vs. RAMESH JHA

JUDGEMENT

(1.) The appellants, in the various appeals, selected and appointed as Principals in the several colleges affiliated to the 5th Respondent; which is a Sanskrit University, are aggrieved with the judgment dtd. 24/9/2019 of the learned Single Judge, which set aside the entire selection to the post of Principals carried out by the University. The Respondent Nos. 1 and 2 were the writ petitioners; the first of whom is no more and the second petitioner is not represented in the appeal despite notice having been served. There was a substitution application filed on behalf of the 1st respondent. By order No. 10, dtd. 2/1/2023, a Division Bench has found the same to be unnecessary, especially since the deceased was one of the candidates, who appeared for the selection; whose claim was for selection in preference to the others; allegedly going by his merit, which claim does not survive after his death.

(2.) An intervenor had appeared before the learned Single Judge, which application, however, was not allowed, despite the impugned judgment containing observations about the intervenor's grievances. The intervenor again filed I.A. No. 3 of 2020 in one of the appeals, which was rejected by order dtd. 30/1/2023 by another Division Bench. Hence, insofar as the 1st respondent is concerned, the matter stands abated and insofar as the intervenor is concerned, he is no longer a party to the proceeding. Notice was served on the 2nd respondent, which was recorded as early as on 13/1/2020 in the present appeal, who is not represented before us. We notice these facts elaborately only since there is no serious opposition to the challenge raised against the impugned judgment. The University is non-committal and offers assistance only insofar as putting the matter in the right perspective, neither supporting the appellants nor the writ petitioners/ respondent Nos. 1 and 2.

(3.) We heard learned Senior Counsel Shri Y.V. Giri, Shri Jitendra Kumar Singh and Shri P.N. Shahi and learned counsel Smt. Namrata Mishra, appearing in the different appeals, for the appellants. We heard Shri Sanjay Singh, learned Senior Counsel for the University and Shri Apurva Kumar, the learned Government Advocate.