PARAS NATH SHARMA Vs. BIHAR SANSKRIT SHIKSHA BOARD

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, the learned Counsel for the respondent no. 3 and the learned Counsel appearing on behalf of the Bihar Sanskrit Shiksha Board.

(2.) LEARNED Counsel for the respondent no. 3 raises a preliminary objection that the petitioner would have an alternative remedy of statutory appeal. The petitioner would submit that the impugned order would have been passed by the Special Director\ who would be officiating as Chairman of the Board. The Special Director would be the appellate authority. The appeal would therefore be futile. Learned Counsel for the Board submits that till date there would be no regular Chairman. In any view of the matter this Court finds that the short controversy involved in this writ application stands well settled both by this Court as also by the Apex Court. This Court is therefore satisfied that this writ application cannot be rejected simplicitor on the grounds of alternative remedy. The same would be a rule of discretion in the facts of each case.

(3.) THE short question in the aforesaid facts that arises is as to which of them would rank senior and accordingly be eligible in priority to be considered for the post of Headmaster. Would the fortuitous act of joining in pursuance of a common selection and notwithstanding their respective placement in the panel, qualification, date of birth etc., the person who may have joined a little prior to the other would inevitably rank senior?