MANIKANT PATHAK Vs. SARVDEO NARAYAN JHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned counsel for the KSD Sanskrit University (hereinafter referred to as the 'University') and learned counsel for the opposite parties no. 2 and 3.

(2.) The petitioner has moved the Court alleging willful and deliberate violation of the order dated 03.09.2010 passed in CWJC No. 5116 of 2003. The said writ petition was disposed off in the following terms: Patna High Court MJC No.4523 of 2018 dt.18-09-2019

(3.) Clearly, the order required that the Governing Body of the college would take a decision on the communication made by the University with regard to the petitioner. In the show cause filed today on behalf of the College, copy of proceeding of the Governing body dated 18.11.2010 has been brought on record in which proposal no. 2 deals with the issue and it has been held that the initial recommendation of the petitioner by the then Bihar College Service Commission was itself illegal for the reason that in the advertisement itself, the minimum marks required was 55% whereas the petitioner possessed only 48% and, thus, his case has been rejected.