DIWAKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner a practicing Advocate of this Court has filed this writ petition and challenged the appointment of respondent no. 12 on the post of Assistant Professor in Arya Bhatt University, Mithapur, Patna.

(2.) Challenge to the appointment is made on the ground that the respondent does not hold the requisite qualification which are needed by the University Grants Commission. Even though it was emphasized that the petition has been filed for seeking quo warranto but the matter pertains to recruitment on the post of Assistant Professor in the University. It is a service dispute and in view of the law laid down by the Supreme Court in case of Bholanath Mukherjee vs. Ramkrishna Mission Vivekanand Centenary College, 2011 5 SCC 464 and the judgment of the Delhi High Court in the case of Forum of SC and ST Legislators and Parliamentarians vs. ONGC & Another (WP (C) No. 1698 of 2017 decided on 27.02.2017), we are not inclined to interfere into the matter.

(3.) The writ petition is disposed of in view of the above with liberty to the aggrieved person to challenge the appointment in accordance with law.