RAJENDRA KISHORE GOKUL Vs. CHAIRMAN BIHAR COLLEGE SER

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned counsel for respondent no. 5 and learned counsel for the writ petitioner -respondent no. 6.

(2.) THIS appeal is directed against judgment and order dated 5th April, 2000 whereby the learned single Judge has allowed the writ petition filed by respondent no. 6 Triloki Nath Upadhyaya bearing C.W.J.C. No. 9819 of 1998 and has remanded the matter to the governing body of Dr. P.N. Singh Degree College, Chapra, an affiliated college under J.P. University, Chapra to provide appointment against second post of Lecturer (History) in favour of the writ petitioner and to appoint the respondent no. 5 against the third post of Lecturer (History) within two months. By the said judgment and order the appointment of the appellant Sri Rajendra Kishore Gokul on the third post of History was declared as illegal on the ground that once the writ petitioner Triloki Nath Upadhyaya had been recommended by the Bihar College Service Commission as first candidate for one of the vacancies of Lecturer in History, he could not have been ignored so as to offer appointment to the second candidate recommended by the Commission.

(3.) ON behalf of appellant it was further submitted that none of the five judgments which have been discussed by the learned Single Judge as precedents in paragraphs 11 to 13 and in paragraph 19 relate to sub -sections (9) and (10) of Section 2 of Bihar College Service Commission Act, 1976 and those cases were in context of different statutory provisions where the recommendation made by the Public Service Commission or other recommending authority was binding on the appointing authority because the recommendations were in accordance with merit and there was no statutory provision vesting the appointing authority with the power of making further selection out of the recommended candidates as is available to the governing body under subsection (10) of Section 2 of Bihar College Service Commission Act, 1976 .