RUDRA NATH THAKUR Vs. CHANCELLOR OF THE BHAGALPUR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for the issue of an appropriate writ for quashing the order of the Chancellor dated February 23, 1965 directing the post of a Reader in Political Science in the Post Graduate Department of the Bhagalpur University to be filled by direct recruitment and directing the respondents to give effect to the decision of the Chansellor dated July 27, 1964, ordering the post to be filled by promotion.

(2.) The petitioner was the Head of the Department of Political Science in the post Graduate Department of the University since November 28, 1962. He had a brilliant academic career at the University and he is possessed of requisite qualification for being appointed as a Reader in the subject. It is not denied before us that if the post of the Reader is to be filled by promotion, the petitioner is entitled to it. The Chancellor gave his approval to the proposal made by the Vice Chancellor to the effect that the post of a Reader in Political Science would be filled by promotion by his letter dated July 27, 1964. In pursuance thereof the University sent the name of the petitioner to be appointed as a Reader to the Bihar Public Service Commission for its concurrence with necessary informations as to the petitioner's qualifications, teaching experience and research work etc. By its letter no. V -21580 dated October 28, 1964. Thereafter the petitioner also, as required by the Public Service Commission, sent necessary informations to the Commission by filling up the forms in duplicate supplied to him by it. While the petitioner's matter was pending before the Public service Commission, the Chancellor by his order dated February 23, 1965, directed the post of Reader in Political Science to be filled up by direct recruitment through the Public Service Commission by advertisement.

(3.) The main grievance of the petitioner in this case is that the Chancellor could not suo motu by his order of February 23, 1965, direct the post of a Reader to be filled up by advertisement by reviewing his previous approval given on July 27, 1964. The learned Counsel for the petitioner submitted that under Article 3(4)(c)(ii) of Chapter XV -A of the Bhagalpur University Statutes the Chancellor could only give his approval to the proposal submitted to him by the Vice -Chancellor as to whether the post of a Reader should be filled by promotion or by direct recruitment by advertisement and he himself could not direct the University to fill the post by advertisement. Art. 3(4)(c)(ii) of Chapter XV -A of the Statute reads as follows: