LALIT SAGAR Vs. NARENDRA KUMAR

JUDGEMENT

(1.) The Letters Patent Appeal has been filed by the appellant, who was Respondent No. 5 in the writ application. The writ application was filed by the Private-respondent No. 1 in the present appeal, seeking quashing of Memo No. 162/Estb/09, dated 15.06.2009, by virtue of which the present appellant was appointed as a Principal under Veer Kunwar Singh University, Bhojpur at Ara and posted at Jag Jjivan College, Ara. Besides, quashing of such appointment, the private-respondent also sought a direction for his appointment on the post of Principal.

(2.) In the writ application, the primary grievance, which the petitioner of the case had, was that the appellant had less marks than him and he was placed below him in the selection list, but still juggling was done by the university authorities by finding opportunity on a vacancy arising due to non-joining of one Dr. Satish Singh Chandra, who was initially appointed on the 7th vacant post under the General Category.

(3.) The Veer Kunwar Singh University, Bhojpur at Ara invited applications through an advertisement for appointment on 13 posts of Principals, to be posted in different constituent colleges of the university. The advertisement was dated 11.09.2008. There were seven posts for general category; two posts for most backward caste; two posts were reserved for other backward caste; and two posts for the scheduled caste. The private-respondent cum petitioner was an applicant under general category. He was called for the interview. A select list was prepared on the basis of marks obtained by the candidates. The private-respondent received 79.7 total marks in comparison to the appellant, who had obtained 77.6 marks. The panel, which was appended as Annexure - 4 to the writ application, showed the private-respondent at Sr. No. 9 in the general category. The appellant was placed at Sr. No. 3 in the reserved category for backward caste. One Dr. Satish Singh Chandra was shown at Sr. No. 7 in the general category and Dr. Anil Kumar Singh was at Sr. No. 8 in the general category as well as at Sr. No. 1 in the backward caste category.