SHYAM SHANKAR JHA Vs. KAMESHWAR SINGH DARBHANGA

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to approve the service of the petitioner as Lecturer of Astrological Mathematics in Mithila Sanskrit Mahavidyalaya, Sitamarhi Shorn of unnecessary details facts giving rise to the present application are that by order, dated 29th of June, 1979 petitioner was appointed as Lecturer of Astrological Mathematics of Mithila Sanskrit Mahavidyalaya, Sitamarhi (for short 'the College') by its Secretary. In pursuance of the aforesaid order he joined as Lecturer on the same day i.e. 20th of June, 1979. By letter dated 10.6.1985 (Annexure -3) the Principal of the College sought approval of appointment of the petitioner and other teaching and non -teaching employee and sanction for payment of the salary. Approval of appointment of services of some Lecturers and non -teaching employees was accorded and according to the petitioner his case remained pending. The Principal of the College by letter dated 26.6.1996 (Annexure -9) wrote to the Registrar of Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as 'the University') for granting approval to the appointment of the petitioner as Lecturer. It is the grievance of the petitioner, that till date no decision has been taken and the service of the petitioner has not been absorbed.

(2.) COUNTER affidavit has been filed in which the plea of the answering respondent is that as the petitioner had passed M.A. examination in 3rd division his service is not fit to be regularised. It has further been pleaded that College in question has been derecognised and as such question of grant of approval to the appointment of the petitioner does not arise. Petitioner has filed a rejoinder to the counter affidavit in which he has stated that he appeared in the Post Graduate examination in 1993 and passed the same in first division.

(3.) MR . Amber Nath Baneijee appearing on behalf of the petitioner submits that petitioner may not be qualified for appointment as Lecturer at the time when he was appointed but, in the year 1993 he having acquired the requisite qualification, his service deserves to be approved. In support of his submission he has placed reliance on an unreported decision of this Court in CWJC No. 3396 of 1998 (Jitendra Narayan Thakur vs. Kameshwar Singh Darbhanga Sanskrit University & Ors.) disposed off on 11th January, 2000 and points out that the petitioner's case is squarely covered by the said decision. In this connection he has drawn my attention to paragraph 6 of the judgment, which reads as follows: -