ARGHANAND SHARMA Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) This appeal has been filed by the appellant who claims himself to be the Professor In-charge of Chandradeo Prasad Verma College, Simari, Bihta, District- Patna affiliated to the Magadh University claiming that the Respondent No. 5 Ramesh Prasad Verma cannot be thrust upon the Institution as a Principal on the strength of a recommendation of the year 2002, inasmuch as, the panel which was prepared recommending the name of the Respondent No. 5 as the Principal of the College by the Commission had a life of only one year as per Section 2(9) of the Bihar College Service Commission Act, 1976.

(2.) Section 2(9) of the Bihar College Service Commission Act,1976 is quoted hereinunder:-

(3.) The said period of one year having lapsed long back, no relief could have been claimed by the respondent- petitioner through a writ petition filed in the year 2011. It is urged that mere selection does not confer any right of appointment and Shri Yugal Kishore, learned senior counsel appearing for the appellant has urged that if the panel is not alive then any attempt to appoint him after a lapse of one year would be contrary to the Statutes.