SHAILESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Clause 10 of Letters Patent Appellate Jurisdiction of Patna High Court Rules, 1916 and is directed against order dtd. 19/9/2018 passed by learned Single Judge in Civil Writ Jurisdiction Case No. 4044 of 2010, whereby the learned Single Judge has dismissed the petition filed by the present appellant / original petitioner.

(2.) Heard Mr. Sanjeev Kumar Singh, learned Advocate for the appellant, Mr. Ashutosh Ranjan Pandey, learned Advocate for the Respondent, Mr. Sunit Kumar, learned Advocate for the Magadh University, Mr. Rana Vikram Singh, learned Advocate for the PPU, Ms. Vagisha Pragya Vacaknavi, learned Advocate for the Respondent No. 4 and Mr. Shashi Shekhar Tiwary, learned AC to AAG-13 for the State.

(3.) Learned Advocate for the appellant / original petitioner submits that Laliteshwar Prasad Shahi College, Patna (hereinafter referred as L.P. Shahi College) was established in the year 1980 and has been affiliated to Magadh University, Bodh Gaya. Thereafter on the basis of the performance, the said college has also been registered under the provisions of UGC Act making it entitled to financial assistance from UGC. After the affiliation was granted, posts were created and were duly sanctioned by the Government. The number of vacant and sanctioned posts were determined and sent to Bihar College Service Commission, Patna for sending recommendation after completion of due process of selection. Accordingly, steps were taken by the said Commission by issuing advertisement and inviting applications for the post for the purpose of selection. Advertisement was issued for appointment of lecturer in different subjects against vacant and sanctioned post in L.P. Shahi College, Patna. It is submitted that petitioner was possessing requisite qualification and therefore, he applied for the post of lecturer in Zoology subject. After the due process of selection, his name was duly recommended by the said Commission on 9/1/1997 thereafter, appellant was appointed on the post of lecturer on 25/6/1997. Prior to that, the appellant was appointed on a regular basis on the post of lecturer on 02-09- 1988. Thus, in continuation of his service in the college since 1988 the petitioner joined the post on 25/6/1997 and his appointment was approved by the Magadh University.