Kanhai Mishra v. Governing Body, Upshastri Sanskrit Mahavidyalaya, Pindaruch, Darbhanga
2000-02-28
SUDHANSU JYOTI MUKHOPADHAYA
body2000
DigiLaw.ai
Judgment 1. This application has been preferred by the petitioner for direction on the Respondent Governing Body, Upshastri Sanskrit Mahavidyalaya, Pindaruch, Darbhanga and on its Secretary to act on the recommendation made by the Bihar College Service Commission, vide their letter dated 27th January, 1998 (An-nexure-6) for appointment to the post of Lecturer (Vyakaran). 2. According to the petitioner, he is already working as a Lecturer in the College on temporary basis since 30th November, 1982 (Appointment letter as contained in Annexure-1). His service was approved by the University with the concurrence of Commission and was paid salary. The order of approval etc. shown therein. 3. It appears that in pursuance of Advertisement No.990/94 made by Bihar College Service Commission, Patna on the requisition of the College, the petitioner applied for the post of Lecturer (Vyakaran) on regular substantive basis. He appeared in the interview and was recommended as the first candidate for appointment against the said post. 4. In spite of such recommendation, no order of regular appointment having issued, the present writ petition was preferred so that the recommendation may not lapse in the meantime. 5. Notices were issued to the Governing Body and its Secretary, firstly, by Registered post and, secondly by Talbana. The petitioner was also asked to serve copy of the writ petition on the Respondents 1 and 2, through Secretary of the College and to file affidavit to that extent. He has already filed affidavit showing service of notice on those Respondents. 6. In spite of the same, the Governing Body has not chosen to appear and/or to oppose the writ petition. 7. In the facts and circumstances, I direct the Governing Body of the College to act on the recommendation of the Bihar College Service Commission dated 27th January, 1998 and issue formal order of regular appointment in favour of petitioner, within a month from the date of receipt/production of a copy of this order. 8. If for one or other reason, they do not want to act on the first recommendation in favour of the petitioner, will give reason and communicate the same to the petitioner within the aforesaid period of one month. 9.
8. If for one or other reason, they do not want to act on the first recommendation in favour of the petitioner, will give reason and communicate the same to the petitioner within the aforesaid period of one month. 9. If no formal order is passed by the Governing Body of the College within one month from the date of receipt/production of a copy of this order then it will be deemed that the service of the petitioner has been regularised from the date of production of a copy of this order. 10. In such case, it will be open to the University to de-recognise the College for non-compliance of the statutory rules and Courts order and will be also open to the petitioner to move before this Court for drawing proceeding for contempt against the concerned party(s). 11. The writ petition stands disposed of with the aforesaid observations and directions.