LAWS(PAT)-2016-11-156

SAMRENDRA KUMAR SUDHANSU, SON OF MAHENDRA JHA PANKAJ Vs. STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT DEPARTMENT, PATNA

Decided On November 21, 2016
Samrendra Kumar Sudhansu, Son Of Mahendra Jha Pankaj Appellant
V/S
State Of Bihar, Through Principal Secretary Human Resource Development Department, Patna Respondents

JUDGEMENT

(1.) The petitioner has invoked the public interest writ jurisdiction of this Court to challenge the alleged illegal appointments made on various posts as lecturers/ Principals/ Professors in Kameshwar Singh Sanskrit University, Darbhanga (for short "the University") after 2001 without following and adopting the proper norms and letters issued by the Government of Bihar from time to time. The prayer is also to take legal action against the responsible persons who had committed such illegalities in the University and to recover money from the all mis-utilized funds/grants/illegal appointments after 2001 specifically from 2007 to 2013.

(2.) Learned counsel for the petitioner relies upon the report submitted by the Vice Chancellor of the University to the Chancellor of the University on 12.11.2013 admitting various illegalities in the process of appointment and also mis-utilization of the funds.

(3.) The question is as to whether public interest litigation at the instance of the petitioner challenging the alleged illegal appointments would be maintainable. What is asserted by the petitioner is that he is not directly or indirectly interested in the subject matter, whereas he has raised issues of common interest of the society; therefore, public interest writ is maintainable by him.