SUDHIR NAYAN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondent Rejendra Agricultural University to appoint the petitioner to the post of Artist-cum-Photographer.

(2.) Short facts giving rise to the present application are that the casual employees holding Class III and Class IV post working in the Rajendra Agricultural University (hereinafter referred to as the University) agitated for regularisation of their services. Ultimately the matter travelled to the Supreme Court giving rise to the Special Leave Petition (Civil) No. 18694 of 1994 and the Supreme Court in its order dated 18th of Feb., 1998 gave the following direction:

(3.) In the light of the direction of the Supreme Court, the respondent-University issued Advertisement No. 2 of 1998 (Annexure-2) inviting applications from open market for filling up the post of Artist-cum-Photographer besides; other posts. According to the advertisement such candidates shall only be eligible, who had Bachelor's degree on Arts and Photography and have experience of photographer of two years in any Government institution. Petitioner offered his candidature stating therein that he is eligible in terms of the advertisement. The candidature of the petitioner for the post of Artist-cum-Photographer was considered besides the other candidates who had applied for the above post. The Director of Administration of the respondent-University by letter dated 11th of June, 1999 addressed to the Dean and Principal of the Bihar Veterinary College enclosed the list of the selected candidates which include the name of the petitioner and directed him to issue appointment letter of the selected candidates by 15th of June, 1999. In the said letter it has been observed that in the light of the order of the Honourable Supreme Court with regard to 65% regular vacancies of Class III and Class IV post candidates have been selected by the Selection Committee duly constituted by the Vice-Chancellor. Notwithstanding the petitioner's selection when no appointment letter was issued he had chosen to file this application on 29.11.1999.