RAJEEV RANJAN PRASAD, J.

1. Heard the parties.

2. In this batch of Letters Patent Appeals, the appointment of 22 Principals in the constituent colleges of Magadh University is the subject matter of controversy. By the impugned order dated 12.09.2014 passed in CWJC No.9167 of 2012, the learned Single Judge of this Court has been pleased to hold and declare that the Selection Committee constituted by respondent no.7 the Vice-Chancellor, Magadh University, Bodh Gaya for preparation of a combined merit list for appointment of 22 Principals in the constituent colleges of Magadh University suffered inherent infirmities as it was constituted dehorse the mandatory statutory provisions as contained in Section 57 of the Bihar Universities Act, 1976 and the Statutes of University. The combined merit list so prepared has been held to be full of manipulations and vitiated for the reasons indicated by the learned Single Judge. Further as a consequence of setting aside of the combined merit list the learned Single Judge has quashed the notification as contained in memo no. I Gen(I)548/11/99/GIA/12 dated 02.03.2012 (Annexure-13 to the writ application) and a notification as contained in memo no. I Gen (1)/548/11/100/GIA/12 dated 02.03.2012 (Annexure-14 to the writ application) and the notification vide memo no. I Gen (I)548/11/128/GIA/12 dated 23.03.2012 (Annexure-14/A). Vice-Chancellor of Magadh University was directed to conduct fresh interview and prepare a combined merit list according to merit from amongst those who had applied pursuant to the advertisement dated 25.10.2008 (Annexure-1) strictly in accordance with the relevant Statutes, Rules and Regulations. It has been further directed that the Vice-Chancellor before conducting fresh interview will constitute fresh selection committee, strictly in terms of Section 57 of the University Act read with the provisions of the Clause 7 of the revised Statute dated 30.06.2008 framed by Magadh University.

Brief Facts

3. It is a matter of record that Magadh University, Bodh-Gaya in the State of Bihar published an advertisement dated 25.10.2008 inviting eligible candidates for selection and appointment against 22 vacancies of the post of Principals in the constituent colleges of the Magadh University. A selection committee was constituted for this purpose. The said selection committee conducted interview of the applicants and a panel was prepared which was also given effect to by appointing the candidates from the said merit list.

4. The preparation of merit list, mode and manner in which it was prepared by the selection committee as also the entire selection of the 22 Principals so appointed came to be challenged before this Court in its Civil Writ Jurisdiction vide CWJC No.17804 of 2009 (Dr. Bimal Prasad Sinha and others Vs. the State) reported in 2011 (1) PLJR 1134. A learned Single Judge of this Court heard the writ application and passed a detailed order discussing the issues raised therein and finally came to a conclusion that the merit list was not prepared in accordance with law, as a result of this finding the appointment of all the 22 Principals was quashed and a direction was issued to the University to follow a fresh selection process after issuing fresh advertisement within six months and till then the appointed Principals were allowed to continue but without independent financial power and subject to control of the respondent University.

5. The decision rendered by the learned Single Judge in CWJC No.17804 of 2009 (Dr. Bimal Prasad Sinha and others Vs. The State) was challenged in a Letters Patent Appeal giving rise to LPA No.358 of 2011 which was ultimately dismissed vide order dated 05.04.2011. The appellants in the Letters Patent Appeal carried the fight further to the Hon’ble Supreme Court of India in Special Leave Petition (Civil) No.11529-11531 of 2011. The Hon’ble Supreme Court vide its order dated 06.05.2011 (Annexure-4 to the writ application) though dismissed the Speci