BHRIGUNATH SINGH Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) The fight over the post of Librarian between the petitioner and private respondent No.6 in Gaya College, Gaya has now travelled to the High Court through the writ application, in view of notification dated 21.06.2012 (Annexure -4/1) to the writ application. By virtue of this notification, issued by the Registrar of Magadh University, the private respondent, Jay Ram Singh, has been promoted to the post of Librarian from the so called post of Assistant Librarian.

(2.) The submission of learned senior counsel representing the petitioner is that the decision of the University to grant such benefit suffers from many illegalities, both factual as well as legal. There are enough materials and evidence on record to show that the private respondent was appointed as an Assistant. Over a period of time he was deployed to work in the Library as an Assistant. However, that fact has been twisted and the private respondent has been shown that he was working as Assistant Librarian. There is factual error which was deliberately done to show as if the private respondent was given his next promotion from the post of Assistant Librarian to the post of Librarian.

(3.) The other aspect which has been pointed out is that on 21.06.2012, when the notification was issued, by virtue of which promotion to the post of Librarian was given to Jay Ram Singh, with effect from 15.05.2012, he did not have the basic qualification to earn such a promotion. The private respondent was not a graduate nor did he have graduate degree in Library science. If this is so then obviously the Statute has been given a go bye. The relevant Statute in this regard is Statute 10 issued under Bihar Universities Act, 1976.