SANJAY KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The respondent No. 3 and 4 were although served notice but they have chosen not to appear and contest the case.

(2.) THE question posed before this court is whether it should exercise its discretionary jurisdiction by issuing the writ of quo -warranto quashing the appointment of Respondent No. 5 for the post of Principal at Baghmara College, Baghmara, Dhanbad.

(3.) THE respondent no. 5 continued as Principal of the said college when in the year 2007 the present petitioner preferred this writ petition seeking issuance of writ of quo -warranto challenging the appointment primarily on two grounds. First that the B.C.S.C contrary to Section 2(9) of the Act under which it was created and the judgment rendered by the Single Bench of this Court in C.W.J.C. No. 1133 of 2000(R) dated 8.10.2002 made sole recommendation while it was obliged to make at least two recommendations for any post of teachers/Principal for any affiliated college. The second ground on which the petitioner rest his submission is that the respondent no. 5 does not fulfill the minimum qualification laid down under the statute dated 24.4.1978 for appointment of teachers in affiliated degree colleges as also under the terms of the advertisement no. 13 of 1999 which are peri -meteria to the provisions of the statute and are annexed as Annexure -R -5/A series as well. According to the petitioner since the B.C.S.C made recommendation for respondent no.5 for his appointment as lecturer in the said college only on 21.12.1998 he did not fulfill the minimum required eligibility condition of 12 years of teaching experience as lecturer in a degree college / University department as required under the statute and under the advertisement under which the recommendation was made. Counsel for the petitioner, therefore, submits that the respondent no.