VIJOY KUMAR Vs. VICE-CHANCELLOR PATNA UNIVERSITY

JUDGEMENT

(1.) THIS writ petition has been filed for quashing Annexure -17 which has been issued by the Registrar, Patna University, appointing the respondent No. 3 to the post of Senior Technical Assistant in the pay -scale of Rs. 1,000 -1,820./ -. There is also a prayer in this writ petition for issuing a writ of mandamus directing respondents to consider the case of the petitioner for appointment to the said post in the Department of Zoology, Patna University.

(2.) THE main ground on which the appointment of respondent No. 3 has been challenged by the petitioner is that in making the said appointment, the respondent -University has not followed the provisions of the Patna University Act and, particularly, the Statutes of the Patna University made under the said Act.

(3.) THE post of Senior Technical Assistant (hereinafter called the 'said post ') was created in the year 1983 on recommendation of the University Grants Commission in the pay -scale of Rs. 1,000 -1,820.00 . When the said post was created, the respondent No. 3 was, admittedly, working on the post of Laboratory -in -charge. Apart from this, it has also been stated in the supplementary affidavit filed by the petitioner that there is no promotional link between the said post of Senior Technical Assistant and that of Laboratory -in -charge. Prior to the appointment of the respondent No. 3 on the said post, he was working on the post of Laboratory -in -charge in the pay -scale of Rs. 390.00 .