1. Heard the petitioner and the State- respondents. Petitioner, Dr. Pramod Kumar Singh has appeared in person and argued the case. He is a university teacher and Joint Secretary of Veer Kunwar Singh University Teachers Association, Ara. His grievance is against the reservation on the single cadre post of Principal made through Advertisement No. 01/08 dated 14.9.2008 (Annexure-1) published by Veer Kunwar Singh University, Ara.

2. It has been submitted by the petitioner that the posts of principal is different colleges cannot be grouped together for the purposes of reservation as each post of Principal is an isolated post. Reservation of an isolated post would amount to 100% reservation.

3. Facts as revealed from the statement made in the writ application are that Veer Kunwar Singh University has 17 consituent colleges out of which 13 posts of Principals are vacant. Every college is an independent unit with only one post of Principal. Advertisement No. 01/08 dated 14.9.2008 was published inviting applications from eligible candidates (Indian National) for appointment on different posts. 13 posts of Principal of constituent colleges were also advertised. The advertisement specified that out of 13 vacancies to the post of Principal, 7 posts will be for general, two posts for Most Backward category, 2 posts for other backward classes and two posts for Scheduled Caste candidates.

The details regarding eligibility and other requirement were not mentioned in the advertisement and as per direction it was to be seen on the Website of Veer Kunwar Singh University. First grievance of the petitioner is that by the impugned advertisement, 13 posts of Principal of different colleges stated to be vacant have been advertised but it has not been specified as to post of Principal of which college is vacant. Reservation out of 13 posts has been mentioned. Without considering that every college is an independent unit with only one post of Principal and reservation on such post will amount to 100 per cent reservation which is bad in law. The University Statute bearing No. BSU-40/81-723/ GS(1), dated 27.3.1982 which prescribes reservation for officers and non-teaching staffs clearly provides that each college shall be a separate unit for reservation as each constituent college, unlike post graduate departments, is an independent unit and has its own control of examination, Proctorial Board and only one post of Principal.

Each college is registered with U.G.C. independently u/s 12(f) of the U.G.C. Act and get development grants directly. The university has got only statutory control and supervision for it. Since it is a well settled law that single cadre post cannot be reserved either directly or indirectly. The impugned advertisement clubbing the posts of Principal of different isolated posts by creating a cadre is illegal and must be quashed.

4. Counter affidavit has been filed on behalf of the university as well as Vice Chancellor of the Veer Kunwar Singh University. It has been stated that each consituent college is managed and maintained by the university and its teaching is centrally controlled by the Vice-Chancellor of the University. The assertion of the petitioner that each college is a separate unit is not correct. Further it is stated that a revised statute prescribing qualification and procedure for selection of teachers and officers for the Universities of Bihar have been approved by the Chancellor in exercise of power vested in him u/s 36(7) of the Bihar State Universities Act, 1976. Under the amended statute, selections/appointments are to be made in conformity with the reservation roaster prepared by the university in accordance with law relating to reservation in the appointment in force in the State.

5. On perusal of the unamended Section 57(2)(B) and the amended provision approved by the Chancellor, I find that provisions are same. Earlier the power was vested in the commission now it is Selection Committee which is author