MANJULA KUMARI Vs. SUNIL KUMAR JHA

JUDGEMENT

(1.) Heard learned counsel for the parties. The delay in filing the appeal is condoned. The limitation petition is allowed.

(2.) The appeal has been preferred against the judgment and order dated 9.9.2002 whereby the order of appointment of the appellant on the post of lecturer in Sanskrit has been quashed and the matter was remitted to the Governing Body to pass an order of appointment in accordance, with law.

(3.) The relevant facts of the case are that in the Dr. Jagannath Mishra Sanskrit Mahavidyalaya. Paston-Navtoli, Madhubani the post of lecturer in Sanskrit was vacant. The College (Service Commission vide order dated 20.5.1999 recommended the name of the appellant in item No. 2 and the name of the respondent, Dr. Sunil Kumar Jha in item No. 1, annexure 3, to the writ petition. The Governing Body of the college appointed the appellant, whose name was in item No. 2 of the recommendation. The respondent Dr. Sunil Kumar Jha, challenged the said appointment in CWJC. No. 12853 of 1999. The said writ petition was allowed on 9.9.2002 (reported in 2002 (4) PLJR 631) and the matter was remitted to the Governing Body to take a decision afresh on the basis of recommendation made by the College Service Commission in accordance with law. The said order has been impugned in this appeal.