SHAMIN SADAQUA, MINATI MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) An advertisement issued by the Bihar Public Service Commission for appointment to the two posts of Principal in the Government Girls College, Gardanibagh and the Government Girls College, Gulzarbagh comes under challenge in both the writ petitions. By the impugned advertisement, the two posts of Principal are reserved, one in favour of the extremely backward class and the other for the scheduled tribes. The Petitioners in the two writ petitions, both of whom do not belong to any reserved category, challenge, on common grounds, the action of the Respondent authorities in reserving both the posts. Hence, for the sake of convenience, the two writ petitions have been heard together and are being disposed of by this common judgment and order.

(2.) It is not necessary here to go into the details of the career histories of the two Petitioners and the purpose of this judgment would be served by beginning the narration of the material facts from the stage when on the superannuation of the Principal of the Government Girls College, Gardanibagh, Dr. Shamim Sadaqua (Petitioner in CWJC No. 3235/1994) was made Incharge Principal of the Gardanibagh college vide notification, dated 30-12-1991. Smt. Minati Mitra (Petitioner in CWJC No. 254/1994) then came to this Court in CWJC No. 4717/1992 challenging the notification, dated 30-12-1991, appointing Dr. Sadaqua as the incharge Principal. The aforesaid writ petition was disposed of by a Bench of this Court by order, dated 2.2.1993 in the following terms: Accordingly, we dispose of this application by giving the following directions. The Commissioner and Secretary, Human Resources Development Department, under whom the college comes, shall write necessary letter to the Bihar Public Service Commission which is stated to be the competent authority for recommendation of names along with the relevant papers and materials. The Bihar Public Service Commission shall recommend the names within six weeks from the date of receipt of that letter after complying with all the formalities. In any view of the matter, after 15th of April, 1993, there shall not be any "Incharge" Principal unless permitted by the Court. All persons who are otherwise qualified shall be entitled to be considered for appointment. It appears that following the aforesaid direction of this Court the State Government made requisition on the Public Service Commission for recommending the names for appointment to the two posts of Principal in the Government Girls College, Gulzarbagh, and the Government Girls College, Gardanibagh. The Commission on 23.3.1993 issued advertisement No. 1/93 inviting applications for the two posts both of which, however, were put in the reserved category, one in favour of the extremely backward class and the other for the scheduled tribes. In other words, a candidate from the general category was totally excluded from consideration for appointment to any of the two posts.

(3.) At this stage Smt. Minati Mitra again came to this Court in CWJC No. 3324/1993 challenging advertisement No. 1/93 in so far as it reserved both the posts of Principal in the two Government Girls Colleges. The same challenge to the advertisement was made by one Smt. Dharmar Choudhary in CWJC No. 3228/1992. In the counter affidavit filed on behalf of the Commission in CWJC No. 3324/1993, it was stated that no recommendation was made on the basis of advertisement No. 1/93, dated 23-3-1993. In view of this statement by the Commission, this Court held that the aforesaid two writ petitions had become infructuous and disposed them of by order dated 12-10-1993. in the following terms: However, it appears that the Commission upon examination of all the applications in this regard, has found that no body is suitable for such posts and, accordingly, has referred the matter back to the State Government. In that view of the matter, the original requisition to that effect has become infructuous. Accordingly, we direct the State Government to make a fresh requisition in respect of these two posts by 31-10-1993 and send the same along with all materials and papers to the B.P.S.C. We further direct that while making fresh requisition the State Government shall take into consideration whether such post or both of them should be reserved or it should be from the general category or not. Let it be recorded that for the aforesaid reasons we have not gone into the merits of the case. If any fresh requisition is made, it shall be open to the persons concerned to challenge the same or challenge any selection made on the basis of the same. It was following this order that the present advertisement No. 39/93 was issued by the Commission in which, once again, the two posts were reserved, one for the extremely backward class and the other for the scheduled tribes. At this stage, Dr. Shamim Sadaqua came to this Court in CWJC No. 3235/1994 challenging the advertisement on two counts. According to her, the two posts of Principal in the two Government Girls Colleges were required to be filled up by promotion on the basis of seniority and claiming herself to be the seniormost teacher, she prayed for an appropriate direction to the concerned authorities to appoint her to one of the posts. She further assailed the advertisement on the ground that it put both the posts under reservation and thereby totally excluded a general category candidate from consideration for appointment.