SUDHIR KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present public interest litigation has been preferred for issuance of an appropriate writ in the nature of mandamus commanding and directing the respondents to fill up the vacant and sanctioned posts of teaching staffs of Rajkiya Tibbi College, Patna, Rajkiya R.B.T.S. Homeopathic College Muzaffarpur, Rajkiya Unani Colleges and Rajkiya Ayurvedic Medical Colleges forthwith which are vacant since long.

(2.) The case of the petitioner is that by not filling up the sanctioned and vacant posts of Tibbi, Unani, Homeopathic and Ayurvedic Colleges of the State since long, it has badly affected the education of the students who are prosecuting the studies. It is the case on behalf of the petitioner that not appointing the teaching staff in the aforesaid colleges of the State ultimately affects the future of the students and also it affects not the present generation but the future generation also. Today's students are the next generation. Therefore, it is the case on behalf of the petitioner that non-appointment of teachers or teaching staff would be violating the fundamental rights of the students guaranteed under Article 21 -A of the Constitution of India.

(3.) Learned counsel appearing on behalf of the respondents - State authorities as well as Bihar Public Service Commission are not disputing that there are number of sanctioned vacant posts of teaching staff/faculty in the Tibbi, Unani, Homeopathic and Ayurvedic Colleges of the State. In the last counter filed on behalf of the Bihar Public Service Commission, it is stated that all endeavours shall be made by the Bihar Public Service Commission to complete the recruitment process and send the recommendation to the State Government, on or before 31st January, 2019. Learned Advocate General appearing on behalf of the State stated that thereafter within a period of four weeks, the aforementioned appointment shall be made on the basis of the recommendation made by the Bihar Public Service Commission after following due process but not later than four weeks from the receipt of such recommendation.