STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR Vs. VINOD KUMAR SINGH SON OF SRI NARMADESHWAR PRASAD SINGH

JUDGEMENT

(1.) The appellants are aggrieved by the order dated 18.10.2006 passed, by a Learned Single Judge of this Court, in C.W.J.C. No. 3736 of 2006 Vinod Kumar Singh v. the Chancellor, The University of Bihar and Ors., whereby the writ petition at the instance of respondent No. 1 herein has been allowed, and the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission'), has been directed to prepare a fresh list of 122 candidates, who had earlier been recommended for appointment on various teaching assignments in the three universities which now fall in the present State of Jharkhand, for appointment to the various universities which now fall within the present State of Bihar The two appeals arise out of a common order, raise common issues, and are, therefore, being disposed of by a common order. We shall draw the basic facts from the writ proceedings, except by reference to the two appeals.

(2.) The basis facts essential for the disposal of the appeals are not in dispute and may be briefly indicated. The then Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as the Commission), was charged with the duty of advertising the vacancies of teaching assignments in the various Universities governed by the Bihar State Universities Act 1976, and the Patna University Act 1976. The Commission had issued advertisement No. 2/1997 which had appeared in the local dailies on 1.4.1997 (Annexure-1) inviting applications for appointment to various teaching posts in the Universities of the undivided State of Bihar. The writ petitioner was also a candidate and was subjected to the selection process. Interview of the candidates had started on 1.12.1997, and had concluded in December 2001. Before the select list could be published, the undivided State of Bihar was, on account of operation of Bihar Re-organisation Act, 2000 (Act No. 30 of 2000), bifurcated into the present State of Bihar and the State of Jharkhand w.e.f. 15.11.2000. The results were finally published on 8.12.2002 (Annexure-3), whereby 930 candidates were recommended for appointment to the various Universities which now fall in the present State of Bihar, a total number of 122 candidates were recommended for appointment to the three Universities which now fall in the present State of Jharkhand. In other words, altogether 1052 candidates were recommended for appointment. It is evident on a perusal of the results that the recommendations were made University-wise and subject-wise.

(3.) Appointment letters were issued by different Universities in the present State of Bihar to the said 930 candidates who have joined and are working. In the mean while the State of Jharkhand issued order bearing memo No. 280/Ranchi, dated 10.9.2001 (Annexure-4), notifying therein that the process in relation to the appointment in the State of Jharkhand after 15.11.2000 shall be undertaken by that State itself. Any recommendation by the Commission after 14.11.2000 shall not be recognized by that State, nor the Commission shall undertake any fresh selection process with regard to the vacancies in Jharkhand, 25 of the said 122 candidates challenged the validity of the order dated 10.9.2001, by preferring Writ Petition (Civil) No. 1856 of 2003 before the Jharkhand High Court. The same was dismissed by a Division Bench by order 4.9.2003. Having met with failure before the Jharkhand High Court, another candidate from amongst the 122 persons preferred the present C.W.J.C. No. 3736 of 2006 Vinod Kumar Singh v. Chancellor, Universities of Bihar and Ors., raising identical issues. The writ petition has been allowed by the impugned order, and the Commission has been directed to prepare a fresh list accommodating the aforesaid 122 candidates for their appointment in various Universities falling in the present State of Bihar. Aggrieved by this order, the Commission preferred the present L.P.A. No. 904 of 2006, and J.P. University Saran at Chapra has preferred the analogous L.P.A. No. 975 of 2006.