LAWS(PAT)-2017-8-96

MAONJ KUMAR CHOUDHARY Vs. STATE OF BIHAR

Decided On August 23, 2017
Maonj Kumar Choudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ petitioner, being aggrieved by and dissatisfied with the order dated 27.11.2014 passed by the learned Single Judge of this Court in CWJC No.3296 of 2014, is in appeal before us. By the order impugned, the learned Single Judge has refused to go into the legality and validity of the appointment of the respondent no.5 on the post of Assistant Professor in Economics with three advance increments in A.N. Sinha Institute of Social Studies, Patna. The learned Single Judge left the question assailing the appointment of respondent no.5 open. Further as regards the claim of the petitioner for a direction to the institute to appoint him on the post of Associate Professor in Economics, the learned Single Judge held that this Court in exercise of its jurisdiction under Article 226 of the Constitution of India will not sit in appeal and make a microscopic examination of the correctness of the decision of the selection Committee unless and until it is demonstrated that the same was influenced by bias and mala fide.

(3.) Before we examine the challenge made to the impugned order passed by the learned Single Judge of this Court, it would be just and proper to glance over the facts as appearing from the records. Case of the writ petitioner-appellant