RAM KRISHNA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The controversy which has arisen in this case relates to whether the recommendation of the University Service Commission (hereinafter referred to as the Commission) for appointment of Lecturers would be binding on the Governing Body of the College.

(2.) Respondent no. 7 was recommended by the Commission for the post on 30.8.1974 and the petitioner was recommended for the second post. While making the recommendation, the Commission has specified that the recommendation is being made in order of merit. After the recommendation was made, the Governing Body took a decision by resolution dated 9.12.1974 and shifted the petitioner to the first post for the reason that the petitioner was appointed on temporary basis earlier to respondent no. 7 in the said college. It has also been stated that the qualifications of the petitioner are higher to the qualifications of respondent no. 7 and thus the petitioner by annexure-7 was recommended on the first post as a Lecturer in Political Science in D.B.K.N. College, Narhan, Samastipur. The petitioner was issued appointment letter on 2.1.1975.

(3.) D.B.K.N. college, Narhan, Samastipur became a constituent unit of Lalit Narayan Mithila University, Darbhanga in the year 1981. After the College became constituent, Lalit Narayan Mithila University, Darbhanga was pleased to continue the services of 6 Lecturers including respondent no. 7. Respondent no. 7 filed a writ application for quashing the order dated 2.1.1975 of the D.B.K.N. College, Narhan, Samastipur by which the Governing Body have purported to appoint the petitioner a temporary Lecturer on permanent basis subject to the approval of the Lalit Narayan Mithila University and the Government of Bihar. The ground for challenge was that respondent no. 7 claimed that he was recommended by the Commission as the first man in order of merit whereas the College had shifted the petitioner on the first post in the Department of Political Science. The writ application was withdrawn with leave to the petitioner i.e. Yadunandan Prasad (respondent no. 7) to move the Syndicate for redressal of his grievances. Subsequently, the petitioner was promoted to the post of a Reader by a notification dated 27.2.1987. The matter remained pending before the Chancellor for approval of the appointment of Sri yadunandan Prasad, Lecturer in Political Science until it was finally disposed of. The order was communicated on 30.9.1995 holding therein that the Chancellor is pleased to direct that Sri Yadunandan Prasad be shifted to the first post w. e. f. the date of recommendation i.e. 30.8.1997.