RAJKUMAR RAUT Vs. UNIVERSITY SERVICE COMMISSION AND ORS.

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing a corrigendum issued by the University Service Commission Patna (hereinafter referred to 'the Commission') published in the Searchlight of the 30th July, 1973; a copy whereof has been filed as Annexure-6. By the impugned corrigendum, the Commission corrected an earlier advertisement being Advertisement No. 222/73-74 for the post of a lecturer in History in R.K. College, Madhubani. A copy of the earlier advertisement has been filed as Annexure-7. Annexre-7 is an advertisement issued by the Commission inviting applications for the post of a lecturer in History in R. K. College (hereinafter referred to as 'the College'). The Qualifications required tor the aforesaid post have been mentioned as follows in the said advertisement (Annexure-7):

(2.) The petitioner passed B. A. examination with Honours in History 1967. In 1969, he obtained his Master's degree in .History. His case is that during M. A. Course, the petitioner's special field of study was Modern Indian History since 1957 (as per Annexure 1) and history of the United States of America. In support of it, a certificate from the Head of t he Department of History, Bhagalpur University, has been filed as Annexure-1. The petitioner worked as a temporary lecturer in History in the College from the 6th of April, 1970, with usual breaks during summer vacations, Puja vacations, and other long holidays, the last spell of such temporary appointment having expired in March, 1972. The ad-hoc Committee of the College by a resolution dated the 24th March, 1973 requested the Commission to issue necessary advertisement for filling up a post of Lecturer in History which fell vacant due to the resignation of Prof. G. R. Raut. A copy of the resolution has been filed as Anncxure-5. The grievance of the petitioner in this writ petition is that although the ad-hoc Committee did not lay down any special qualification for the post of the Lecturer in History, the Commission in the advertisement (Annexure-7) laid down that the candidate should have Modern History of India at the Honours stage and American History as a special paper in M. A. as essential qualification, and the special qualification has subsequently been amended by the corrigendum (Annexure 6) to the disadvantage of the petitioner, by providing that the candidate should have American History as special paper in Honours and Modern History of India at M. A. stage. The grievance of the petitioner further is that although he was fully qualified in terms of both the advertisements and applied for it, the Commission arbitrarily decided not to call him for interview for which 5th to 7th March, 1975, were the dates fixed.

(3.) This writ application was filed on the 4th March 1975, and was admitted on the 5th March, 1975; and, at the time of admission a direction was issued to the Commission to interview the petitioner and the final selection was to be made after the ^disposal of this writ petition. It is an admitted position before us that the petitioner has been interviewed by the Commission as directed by this Court. After the admission of the writ petition, on the 17th March, 1975, the petitioner filed a supplementary affidavit stating some further facts which will be referred to in due course.