DHIRENDRA BABADOR CHAND Vs. CHANCELLOR OF UNIVERSITIES BIHAR

JUDGEMENT

(1.) In the instant writ petition the petitioner (since deceased, now represented by bis legal representatives) had prayed for a writ in the nature of certiorari setting aside the order dated 12-7-1988 contained in Annexure-21 whereby the petitioner had bsen reverted from the ;post of Reader in the Department of Hindi in Ganga Singh College, Chapra, to the post of Lecturer in the same College and subject. The petitioner had further prayed for a writ of mandamus commanding the respondent not to interfere with the services of the petitioner as Reader in the Department of Hindi in the said College, and to treat the petitioner as Reader despite the impugned order dated 12-7-1988. and to pay him emoluments and benefits, and extend , to him. all privileges of a Reader in the said College, which is a constituent College of the Bihar University. The petitioner had also prayed for a declaration that for the purpose of calculating teaching experience in the College, the nomenclature designation of a part-time or full-time teacher is immaterial, when a teacher so designated in fact discharges the duties of a regular teacher: The petitioner also made a grievance that he had been discrimineted against, in as much as in similar circumstances one Ram Naresh Singh in the Department of English in the same College was given the benefit of his teaching experience.

(2.) The facts of the case are not in dispute, and may be stated thus : Oanga Singh College was established at Chapra by a private Managing Committee in the year 1964. Initially, in functioned from Saran Academy, and later from Bharati Vidya Mandir. The teaching was in one shift, namely, the morning shift in Arts subject from 6-30 A.M. to 10-30 A.M. It is not in dispute that the petitioner at the relevant time was an Assistant teacher in Bisbeshwar Seminary, Chapra. He was requested by the management to take Hindi classes in the College without remuneration since the College was in its formative stage, and could not afford to engage many teachers. The College was granted affiliation upto B. A. standard for the session 1965-67. The petitioner was designated as a part-time Lecturer, and started teaching in the College on part-time basis from 21-7-1965. It is the case of the petitioner that he had to take full load of teaching the subject Hindi in the College, as there was no other teacher in that the subject till the year 1974

(3.) The case of the petitioner was that on 15-7-1971 he was called by the University Service Commission to appear at an interview for appointment as Lecturer on 16-10-1971. The petitioner faced the interview conducted by the University Service Commission, and there after by its order (Annexure-2) issued on 29-11-1971 the University Service Commission concurred in the appointment of the petitioner as Lecturer for the period during which the College remained affiliated. The case of the petitioner is that in view of the concurrence given by the University Service Commission, the petitioner became a full-time Lecturer in the College, but 'this is disputed by the respondent-University. According to the petitioner the Managing Committee of the College absorbed him as a full-time teacher by resolution passed on 31-3-1974. The facts which shall be noticed hereafter, do not support the case of the petitioner that he became a full-time Lecturer by reason of concurrence granted to his appointment by the University Service Commission.