S RAMCHANDRAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer in this application under Arts. 226 and 227 of the Constitution is to quash Annex. 1, appended to it, which is a notification dated 16th Dec, 1981, appointing the respondent No. 2 Dr. S. N. Sinha as Director, Department of Science and Technology, Government of Bihar, on deputation from Motilal Nehru Regional Engineering College, Allahabad, for two years from the date that he assumes charge of his office. Petitioner No. 1 is the Principal of Bhagalpur Engineering College, Bhagalpur, and petitioner No. 2 is a Professor of Mechanical Engineering in the same college.

(2.) BRIEFLY stated, the averments in the writ application are that the post of Director, Science and Technology was first filled up by promotion by Dr. R. P. Varma, who was then the senior -most Principal, working in the Regional Institute of Technology at Jamshedpur. On his retirement, Dr. J. P. Choudhary, Principal, Bihar Institute of Technology, was appointed to that post, being the senior - most amongst the Principals. When Dr. J. P. Choudhary was the Director, the designation was changed from Director of Technical Education to Director of Science and Technology. After retirement of Dr. Choudhary, the post was filled up by Dr. H. C. Pandey, Director, Bihar Institute of Technology, for six months or till the receipt of the recommendation of the Public Service Commission whichever was earlier. A copy of the notification has been appended as Annex. 4 and is dt. 5th June, 1976. His tenure was extended from time to time till 14th April, 1978. The next incumbent of the post was Professor Sidheshwar Prasad, Principal, M.I.T., Muzaffarpur. He was appointed by promotion on 15th April, 1978 and he continued till he retired on 7th Jan., 1980. A copy of the notification appointing him to the post has been appended as Annex. 5.

(3.) THE post of Director, Science and Technology, having fallen vacant in Jan., 1980, on the retirement of Professor Sidheshwar Prasad, Shri Anil Bhushan Prasad, I.A.S. Joint Secretary in the Department of Science and Technology, was appointed to work as Director in addition to his own duties till respondent No. 2 Dr. S. N. Sinha was appointed on the basis of the impugned order (Annex. 1). According to the petitioners, Dr. R. P. Varma, Dr. J. P. Choudhary and Professor Sidheshwar Prasad were appointed by promotion on the recommendation of the Bihar Public Service Commission. In pursuance of the notification (Annex. 1) Shri Anil Bhushan Prasad handed over charge to respondent No. 2 on 18th Dec, 1981.