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Patna High Court · body

2007 DIGILAW 1825 (PAT)

Ajay Kumar v. State of Bihar

2007-11-27

body2007
ORDER 1. Previously, it was the duty of the Bihar State University (Constituent Colleges) Service Commission to select upon advertisement suitable candidates to supply the vacancies in the sanctioned teaching posts of the Patna University Law College. It did nothing and as a result has put the reputation of the Patna University Law College in semblance. There are 15 sanctioned posts of full time teachers and 14 sanctioned posts of part time teachers in the College. At present the College has a permanent teacher, who happens to be its principal. In addition to that, it has one more permanent teacher. The remaining posts are lying vacant since long. In order to keep a facade of running the College, the University has adopted the practice of appointing adhoc teachers for six months. There is always a time lag for selecting adhoc teachers and as such a person, who had been engaged as an adhoc teacher on being selected and re-engaged for doing the same thing upon being reselected is not being remunerated for the period time is consumed for reselection after completion of the time of appointment after selection. The petitioners are some of such adhoc teachers. They seek their permanency and that appears to be the principal object of the present writ petition. 2. In terms of the provisions contained in the Act, by which the University is governed, the University can only appoint a person as a teacher, provided he has been recommended, on being selected for such appointment, by the said Commission. As aforesaid, since the Commission did not discharge its statutory obligations, the College faced the grim situation, as it is facing now, since a long long time. In consonance thereof, the past and present students and the prospective students of the college suffered and are also likely to suffer. As a result the entire society has suffered for the students could not be imparted proper legal training to assist the legal mechanism of the State. The situation is likely to continue. 3. Inasmuch as no appointment can be given contrary to statute, this Court cannot direct appointment of the petitioners in the vacant posts, for as yet the petitioners have not been selected and recommended for being appointed by the Commission. 4. The situation is likely to continue. 3. Inasmuch as no appointment can be given contrary to statute, this Court cannot direct appointment of the petitioners in the vacant posts, for as yet the petitioners have not been selected and recommended for being appointed by the Commission. 4. During the pendency of the writ petition, the State legislature, being aware of the functioning of the Commission, has dissolved the same and has directed constitution of a Committee to discharge the duties, which previously vested in the Commission. The legislature by effecting amendment to the Act has also directed who shall be a member of the Committee. In terms thereof, the Committee shall consist of the Vice Chancellor, a member to be nominated by the Chancellor, a member to be nominated by the Government, three experts not connected with the University to be nominated by the Vice Chancellor from a panel of not less than seven names approved by the academic council for each post, out of which at least one member should belong to Schedule Caste/Schedule Tribe and two shall be from outside the State, and their Head of the Department of the discipline concerned. 5. Although, this intervention by the legislature has come a few months back but as yet no step has been taken to constitute a Committee for the purpose of selecting teachers to be appointed in the said College. 6. In those circumstances, the Chancellor, the Government and the Vice Chancellor are directed to discharge their obligations for constitution of the said Committee as quickly as possible but not later than one months from today with a further direction upon the Committee to put up advertisement (s) in appropriate papers inviting applications for filling up the vacant sanctioned posts and thereupon to select in accordance with law from amongst the persons, who shall respond the said advertisement, the teachers to be appointed in the said vacant posts within a period of six months from the date of constitution of the Selection Committee. 7. The University is restrained from engaging any person, apart from those two permanent teachers, on any basis apart from the basis as aforesaid to teach in the said College after expiry of nine months from today. 8. The University shall ensure payment of remuneration it has agreed to pay to the ad hoc teachers. 7. The University is restrained from engaging any person, apart from those two permanent teachers, on any basis apart from the basis as aforesaid to teach in the said College after expiry of nine months from today. 8. The University shall ensure payment of remuneration it has agreed to pay to the ad hoc teachers. The claim of the ad hoc teachers for payment of remuneration for the services said to have been rendered by them during the period they had no contract of engagement is rejected. 9. This disposes of the writ petition. 10. Let a copy of this order be handed over to the learned counsel for the University.