LAWS(PAT)-2004-12-41

RAJESH KUMAR SHUKLA Vs. RAJENDRA AGRICULTURAL UNIVERSITY

Decided On December 02, 2004
RAJESH KUMAR SHUKLA Appellant
V/S
RAJENDRA AGRICULTURAL UNIVERSITY Respondents

JUDGEMENT

(1.) This application has been filed for quashing a portion of Advertisement No. 1 of 1999 (Annexure-5) whereby the applications had been invited for appointment to the post of Talkie Operator. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to make appointment to the post of Talkie Operator in pursuance of the Advertisement No, 2/98 (Annexure-3).

(2.) It seems that the casual employees holding Class III and Class IV posts working in the Rajendra Agriculture University, hereinafter referred to as the University', filed applications for regularisation of their services. Ultimately, the matter travelled to the Supreme Court giving rise to Special Leave Petition (Civil) No. 18694 of 1994. The Supreme Court, by its order dated 18.2.1988 (Annexure-2), gave the following direction.

(3.) In the light of the aforesaid direction of the Supreme Court, the University published Advertisement No. 2/98 (Annexure-3) inviting application from general market for filling up the 65% vacant posts including the post of Talkie Operator. The qualification prescribed for appointment to post of Talkie Operator is matriculation and certificates for running electrically operated equipments in the college of the University. Petitioner, besides other persons, offered his candidature. It seems that in the aforesaid advertisement, the mandatory qualification required under the provisions of the Bihar Cinemas (Regulation) Act, 1974 and the rules framed thereunder was not incorporated and when the said fact came to the notice of the Chancellor of the University, he wrote to the Vice Chancellor that process for appointment to the post of Talkie Operator must proceed strictly in accordance with the terms and conditions of the advertisement and in the selection process the provisions of the Bihar Cinemas (Regulation) Act and Rules framed thereunder be strictly adhered to. The aforesaid direction was given on the following terms.