BHARTENDU PRASAD RAI SON OF YOGENDRA PRASAD RAI Vs. HARIKANT BARUA SON OF LATE SIYA SHARAN PRASAD SINHA

JUDGEMENT

(1.) In this intra court appeal, the appellant has challenged the oral judgment dated 23.04.2015 passed in C.W.J.C. No. 1407 of 2015 whereby the writ court on consideration of the materials available on record and also in the light of the judgment rendered in the case of Mitrajeet Singh Vs. B.R. Ambedkar University and Ors. in C.W.J.C. No. 1978 of 2011 has held out that the voter list prepared by the In-charge Principal of the Purvottar Railway College, Sonpur, Chapra is truncated kind of voter list and accordingly quashed the notification of the University whereby the added private respondent no.7 vide I.A. No. 2387 of 2015 was declared elected as the elected representative of the teachers of the college and issued follow up direction to the District Magistrate, Chapra to ensure preparation of an electoral role including all the teachers of Purvottar Railway College, Sonepur, Chapra whose names figure in (Annexure-6) i.e. advice for payment of honorarium salary for imparting instruction in the college in question. Annexure-6 contains list of 51 lecturers for whose payment through bank account, advice was sent to the Branch Manager, PNB, Sonepur, Saran with debit note. The writ court accordingly directed holding of fresh election in free and fair manner.

(2.) The respondent no.7 of the writ petition who was impleaded as party respondent by way of I.A. No. 2387 of 2015 has filed the present letters patent appeal and has challenged the order of the writ court primarily on the ground that the teachers who were appointed without of recommendation of the commission against the unsanctioned post are not entitled to be included in the voter list for election of the teachers representatives.

(3.) Mr. Shivendra Kishore Sr. advocate appearing on behalf of the appellant submits that governing body of the college was to be constituted in terms of section 60 of the Bihar University Act. Under section 60(1) (ii) there is provision for election of the teachers' representatives from amongst the teachers of the college and he submitted that the writ petitioner and others were not appointed against the sanctioned post on the basis of recommendation of the commission and as such they cannot be included in the voter list for election of the teachers' representatives and the writ court has committed error in interfering with the voter list prepared by the college and approved by the University. He also submitted that the writ court has committed error in directing inclusion of all the teachers mentioned in Annexure-6 for election, as Annexure-6 is only debit note of the Principal of the College for payment of honorarium salary and as such, the direction of the writ court to prepare voter list as per Annexure-6 runs contrary to the scheme of election contemplated under section 60 (1) (ii).