NIRANJAN DIWAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the University and JC to SC 3.

(2.) The petitioner seeks direction upon the respondents to accept his joining and pay him his due salary.

(3.) It is submitted by learned counsel for the petitioner that the petitioner was selected for appointment on the post of Assistant Teacher along with several others by the Bihar Public Service Commission (hereinafter to be referred to as "Commission") on the basis of the advertisement issued and on the recommendation of the Commission the petitioner and similarly situated persons were appointed on the posts of Assistant Teacher. The petitioner was appointed in Elementary School, Rainiva Kharagpur, in the District of Munger and vide order, as contained in Annexure 1, he reported his joining, which was accepted. However, by general order, appointment of the petitioner and similarly situated persons was cancelled vide order, as contained in Annexure 4 and again appointment letters were issued to such persons except the petitioner and one Indra Deo Narayan on the ground that the College, from which the petitioner passed, has been derecognised. Learned counsel further submitted that at the relevant time, when the petitioner passed his B. Ed. examination, the college in question had the recognition, but the same was subsequently derecognised, and, therefore, the petitioner, in no way, could have been excluded and he could have been allowed to join on the post of Assistant Teacher.