BHOGENDRA JHA Vs. KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel appearing on behalf of the respondent University and the learned Counsel appearing on behalf of the Bihar College Service Commission.

(2.) THE petitioner contends that he was initially appointed in the Vidyanand Mithila Sanskrit Mahavidyalaya, Sankat Mochan Dham, Darbhanga as a Lecturer in Sociology by the Governing Body on 1.1.1983. This appointment was approved by the University. The petitioner was being paid salary for the post of Lecturer in Sanskrit MA. The petitioner obtained the requisite qualifications for appointment as Lecturer in Sanskrit by appearing in the MA Examination in Sanskrit conducted by the Patna University in 1987. The Governing Body then absorbed the petitioner against the post of Lecturer in Sanskrit MA with effect from 26.3.1990. This was followed by the temporary concurrence to the appointment of the petitioner as Lecturer in Sanskrit by the Commission on 19.12.1991 with effect from 26.3.1990. The University consequently directed for making payment of salary to the petitioner on the post of Lecturer in Sanskrit. The concurrence granted to the appointment of the petitioner was subsequently extended by the Commission. The respondent Commission then came out with an advertisement inter alia Advertisement No. 851/94 for appointment on the post of Lecturer in Sanskrit, Vidyanand Mithila Sanskrit Mahavidyalaya, Sankat Mochan Dham, Darbhanga. In pursuance of an interview conducted on 12.10.1998 the Commission recommended the name of the petitioner for appointment as a Lecturer in Sanskrit in the aforesaid college on 4.12.1998. Name of the petitioner was at serial no. 1 while the vacancy was also to be only one. Thereafter no action appears to have been taken in pursuance of the recommendation for appointment of the petitioner, thus compelling him to approach this Court in the present writ application on 2.11.1999.

(3.) LEARNED Counsel for the petitioner would submit that the College in question was affiliated to the Kameshwar Singh Darbhanga Sanskrit University. By an order dated 24.6.2000 the affiliation in respect of the present College and certain others was sought to be cancelled by the State Government, which came to be challenged in a proceeding before this Court. The aforesaid order of cancellation of affiliation was then set aside in a judgment reported in 2001(1) PLJR 601. Though the Letters Patent Appeal Nos. 318/2001 and 321/2001 may have been preferred against the judgment, there would be no interim orders. In compliance of the order of this Court, as aforesaid, the Colleges in question including the present College were being paid salary by the Government of Bihar and the issue of affiliation is no more relevant at this stage.