AKHILANAND PANDEY Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) THERE are fifteen petitioners in this writ application. All of them claim to have been appointed as Lecturers in different subjects by the Governing Body of Sri Sadguru Jagjit Singh Namdhari College, Garhwa (hereinafter to be referred to as 'the College') in the manner indicated hereinbelow : <FRM>JUDGEMENT_120_TLPAT0_1995.htm</FRM>

(2.) THE Governing Body of the College made advertisement on 7.7.1984, 14.8.1984, 7.12.1985 and 23.8.1986 (Annexures-1 series) for appointment of lectures in different subjects and conducted interviews on 4.4.1985, 19.1.1986, and 28.1.1987 and appointed petitioners 9 to 15 and accordingly they joined from 1.5.1985 onward till 3.2.1986 as shown above. So far petitioners 1 to 8 are concerned they were appointed earlier. Subsequently on 9.5.1985 and 29.1.1987 the Governing Body confirmed the appointment of petitioners 1 to 5 and petitioners 6 to 15 respectively. Later on the Bihar College Service Commission granted temporary concurrence for a limited period in the case of petitioners 1, 4 and 5. On 8.8.1986, petitioner No. 2 on 23.1.1987, petitioners 6 to 9 and 11 to 15 on 28.5.1987 and petitioner No. 10 on 27.2.1988 (vide Annexures 6 series). The college was declared a constituent unit of the University vide Notification dated 3.7.1987 (Annexure-4) with effect from 1.4.1987. Thereafter by virtue of the communication dated 26.9.1987 (Annexure-5) the State Government intimated to the University that even the persons working in recommended posts shall get payment and so the petitioners went on being paid their salaries upto December, 1990. From January, 1991 their salary was stopped pursuant to letter of the Finance Officer of the University dated 26.7.1991 that from January, 1991 onwards salary of only ten teachers of the college shall be remitted.

(3.) THE said three man committee submitted its report dated 15/21.1.1990 (Annexure-10) and found three categories of teachers working in the college. A-(i). Teachers duly appointed by the Governing Body of the college against sanctioned post with College Service Commission's concurrence. (ii) Teachers continuously working since appointment. (iii) Teachers covered within the number of posts as per criteria of work load. B-(i) Teachers duly appointed against posts recommended by the University, sanction of which is pending with the Government. (ii) Teachers having requisite qualifications. (iii) Teachers working and covered within the number of posts as per criteria of work load. Teachers who are duly appointed, possessing minimum requisite qualifications and are working but are in excess of number of posts as per criteria of work load. List of teachers with their biodata and other relevant information mentioned against each as per categories A.B.C. stated have been prepared accordingly and are enclosed as Annexure-II and III. The Committee observed that as per criteria approved by the Government in respect of 36 newly converted constituent college the minimum number of posts in each subject is 7 under Humanities, Social Sciences and Science Faculties and in commerce it is 9. Accordingly, persons according to the said committee were validly appointed, were working regularly and possessed requisite qualifications were recommended for absorption. Such names appear in the statement under Category A (Annexure-I) to the report (Annexure-10). The names of all the fifteen petitioners subjectwise, stand mentioned therein with the dates of their respective appointment/joining as also the dates on which those posts were sanctioned by the State Government.