RAM NATH PRASAD SAHU Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for quashing a portion of the recommendation made by the Bihar College Commission dated 22nd of September, 1998 (Annexure -4) wherein respondent no. 6 has been recommended for appointment to the post of Lecturer in Psychology at Mahatma Gandhi College, Sundarpur in the district of Darbhanga. Further prayer made by the petitioner is to quash the communication dated 17th of May, 1999 (Annexure -10) of the Bihar College Service Commission to the Secretary of the Governing Body of the Mahatma Gandhi Col - lege (for the short the College) cancelling its earlier recommendation dated 21.1.1999.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that an advertisement was published in the daily newspaper "Hindustan" in its issue dated 7th of November, 1991 by the Secretary of the Governing Body of the College inviting applications for appointment to the post of Lecturers in various discipline including Psychology. Petitioner in pursuance of the aforesaid advertisement offered his candidature and was appointed as such by order dated 28.12.1991 (Annexure -2) by the Secretary of the Governing Body of the College. Bihar College Service Commission (for short the Commission) issued advertisement No. 756B of 1994, inviting applications for appointment to the post of Lecturer in Psychology. Petitioner offered his candidature. When the petitioner came to know about the fact of the Commission holding the interview for appointment to the post of Lecturer between 7th April, 1998 to 30th April, 1998 and finding that no interview letter was issued to him, he filed an application before the Secretary of the Commission dated 28.4.1998 bringing the aforesaid fact to its notice, inter alia, contending that he, being eligible in terms of the advertisement, ought to have been called for interview. Plea of the petitioner is that his prayer was processed and he was interviewed on 30th of April, 1998. This assertion of the petitioner has not been denied by the Commission.

(3.) RESPONDENT no. 6 aggrieved by the recommendation dated 21.1.1999 preferred CWJC No. 1416 of 1999 (Sudhanshu Kumar Roy V/s. State of Bihar and others) before this Court. The Commission filed counter affidavit in the said case inter alia contending that when the fact of the petitioners candidature being not considered came to its notice he was interviewed and recommendation made. However, before the matter could be finally adjudicated, the Commission by the impugned order dated 17th of May, 1999 (Annexure -10) withdrew its recommendation dated 21.1.1999 (Annexure -7) and when the writ application filed by respondent no: 6 came up for consideration before this Court on 18.5.1999, the writ application was dismissed as not pressed with liberty to the petitioner herein to challenge the same in a separate proceeding in accordance with law.