SECRETARY, ADHOC GOVERNING BODY, JAGDEO MEMORIAL COLLEGE THROUGH HARI NARAYAN SINGH Vs. CHANCELLOR OF THE UNIVERSITIES OF BIHAR

JUDGEMENT

(1.) In the writ petition and the appeal dispute is regarding the appointment of Principal in Jagdeo Memorial College, Sakri (Kudra). When the post became vacant requisition was sent to the College Service Commission. The Commission recommended two names, one of writ petitioner and the other of respondent No. 5. The writ petitioner was at serial one of the panel and respondent No. 5 was at serial two of the panel. The Governing Body accepted the name of respondent No. 5 at serial two sent by the Commission and respondent No. 5 was appointed on the post of Principal. As soon as the appointment was made the writ petitioner opposed the appointment of respondent No. 5 on the post of Principal. After working for three years he left the service for better prospect. The learned single Judge held in the impugned judgment that since the respondent No. 5 has left the service the petitioner can be appointed. Learned Judge also referred to a decision of this Court passed in Trilokinath Upadhya v. Chairman, Bihar College Service Commission, 2000 4 PLJR 353, and held that the Governing Body had no discretion to choose the second nominee unless first nominee relinquishes the claim. If the Governing Body is not in favour to appoint the first nominee the matter has to be referred again to the University. Direction to appoint the writ petitioner is challenged by the Governing Body of the College in this Court. Merely because after more than years of appointment fifth respondent left service is not a ground for a writ or order of mandamus to appoint the petitioner. Question is whether the appointment of the fifth respondent made in 2000 was legal or on that basis petitioner ought to have been appointed. The relevant portion regarding appointment of Principal is made by the Bihar College Service Commission Act, 1976. Sub-sections 3, 9 and 10 of Section 2 were cited before us. They are as follows:

(2.) (3)- The Commission shall consist of a Chairman and six other members reputed for their scholarship. Out of the six members one shall belong to the schedule caste and another to the schedule tribe. The Chairman and the members shall be appointed by the State Government and they shall be whole-time officers. They shall hold office during the pleasure of the State Government for a term not exceeding three years and they may be re-appointed for one more term which shall not exceed three years during the pleasure of the State Government. The term of appointment of the Chairman or any member shall be deemed to have terminated on completion of sixty two years of age. The Chairman or any member may tender resignation through a letter addressed to the State Government.

(3.) Learned Counsel for the petitioner submitted that the two names were recommended by the Commission.