BHUSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) The grievance of the petitioner in the present writ application is rejection of the claim of the petitioner for shifting from 2nd post to 1st post in the department of English.

(3.) Mr. Shivendra Kishore, learned senior counsel for the petitioner submits that there is only one post of lecturer (English) is sanctioned in the category of teachers under the deficit grant whereas the other posts are sanctioned by the respondents in the category of unaided. He submits that there is no dispute that the post on which the petitioner is working is a sanctioned post. Referring to the provisions of Sec. 35 of the Bihar State Universities Act, he submits that posts have been sanctioned by the State Government and once the State Government has sanctioned that post whether in the category of deficit grand or without financial aid, the question remains the same that the petitioner was appointed after following the selection process against the sanctioned post or not. He submits that once it is held out that the petitioner has been appointed irrespective of deficit grant category or unaided category against sanctioned post and in the event there is vacancy in the sanctioned category whether in the deficit grant category or unaided category, person from bottom is to be shifted against the vacancy on the top in chronological manner. He further submits that since the petitioner was at serial 1 st in the category of unaided and second in the category of lecturer against the sanctioned post and on account of death of the holder of 1st post, the petitioner is entitled to consideration and shifting of his case from unaided to deficit grant category. He referred to the case of similarly circumstanced other teachers of the same College, who have been favoured with the adjustment against the sanctioned post in the deficit grant category from sanctioned post without financial liability. Reference of Dr. Binay Kumar Verma (Hindi Department), Pramod Kumar Das (Botany Department) and Braj Kishore Prasad Singh (Zoology) has been made to highlight discrimination.