LAWS(JHAR)-2017-4-82

ANIL KUMAR ORAON Vs. VINOBA BHAVE UNIVERSITY

Decided On April 21, 2017
Anil Kumar Oraon Appellant
V/S
VINOBA BHAVE UNIVERSITY Respondents

JUDGEMENT

(1.) In the captioned writ application, prayer has been made for quashing of notification dated 14.08.2013 issued by respondent no. 2 whereby services of the petitioner on the post of Assistant Registrar, Vinoba Bhave University, Hazaribag has been terminated with further direction to join the petitioner on the previous post of Store-keeper in the said University; and further prayer has been made for quashing portion of letter dated 12.08.2013 issued under the signature of respondent no. 3 where under the said authorities informed the Vice-Chancellor of the University that the Hon'ble Chancellor has been pleased to annul the notification dated 11.06.2010 regarding appointment of the petitioner as Assistant Registrar, Vinoba Bhave University, Hazaribag and the petitioner has further made prayer for reinstatement on the post of Assistant Registrar, Vinoba Bhave University, Hazaribag with all consequential benefits.

(2.) The brief facts, as disclosed in the writ application, is that the petitioner after obtaining M.A in Political Science had been working on the post of Store Keeper in Vinoba Bhave University, Hazaribag since 208.1998. While continuing as such, an advertisement being Adv. No. 1/2010 was published by Jharkhand Public Service Commission, Ranchi for appointment on the post of Assistant Registrar, Vinoba Bhave University, Hazaribag besides other posts. In pursuance to the said advertisement, the petitioner applied for the post of Assistant Registrar and after going through the selection process, on being found successful, his name was published on the website among the selected candidate for appointment on the post of Assistant Registrar. Thereafter, vide Memo dated 30.4.2010, the name of the petitioner was recommended for appointment on the said post and accordingly, the Registrar, Vinoba Bhave University, Hazaribag issued notification dated 11.06.2010 whereby appointment of the petitioner was made. On being appointed on the said post, the petitioner gave his joining report on 106.2010 as Assistant Registrar in the University, which was duly accepted by the University. Thereafter, the petitioner continued to discharge his duties with the best of his ability and sincerity, but, all of a sudden vide letter dated 09.07.2013, a show cause notice was served upon the petitioner as to why his appointment made to the post of Assistant Registrar, Vinoba Bhave University, Hazaribag be not annulled as he was not holding the requisite qualification for the post at the time of appointment. Pursuant thereto, the petitioner submitted his explanation vide letter dated 17.07.2013. Being dissatisfied with the explanation submitted by the petitioner, vide notification dated 14.08.2013 issued by the Registrar, Vinoba Bhave University, Hazaribag, it was informed that the Vice Chancellor has been pleased to terminate the services of the petitioner, who was working on the post of Assistant Registrar, Vinoba Bhave University, Hazaribag with immediate effect. In the said notification, there is reference of letter dated 108.2013 issued by the Principal Secretary to Hon'ble Governor-cum-Chancellor, Universities of Jharkhand, whereby Hon'ble Chancellor has been pleased to annul the notification issued vide memo dated 11.06.2010 regarding appointment of the petitioner as Assistant Registrar, Vinoba Bhave University, Hazaribag.

(3.) Being aggrieved by the impugned order of termination dated 14.08.2013 as also letter dated 12.08.2013, the petitioner left with no alternative, efficacious and speedy remedy under article 226 of the Constitution of India, invoking extraordinary jurisdiction has approached this Court for redressal of his grievances.