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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
CWJC No. 6581 of 2020
(29.3.2022)
Md. Faisal Ahmad ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Constitution of India – Article 226 – Writ of quo warranto – Removal of respondent from the post of Director of the Rural Institute of Higher Studies – respondent was not appointed by the governing body – Usurping the power by the Education Department and stepping into shoes of the governing body as if Education Department is the appointing authority – Education Department is not the competent authority to appoint the respondent – Writ of Quo warranto is maintainable if there are procedural lapses or a person who has been appointed or occupying a public post on account of lack of qualification and other eligibility criteria – Order set aside reserving liberty to the competent authority to proceed in accordance with law in order to fill up the post. (Paras 3, 7, 12 and 13)
P. B. Bajanthri, J.—Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:—
“That this is an application for issuance of a writ in the nature of Quo warranto directing the respondents to removed the respondent no. 8 from the post of Director of the Rural Institute of Higher Studies, Birauli, Samastipur forthwith as he has been holding the post illegally being appointed by authority having no jurisdiction apart from other illegalities in his appointment and to quash the notification as contained in memo No. 884 dated 19.05.2016 issued by the Joint Secretary to the Government, Department of Education Bihar under the order of the Hon’ble Governor by which respondent no. 8 has been appointed.”
3. Eighth respondent was a candidate for recruitment to the post of Director of the Rural Institute of Higher Studies, Birauli, Samastipur. Among others he was a candidate. The method of recruitment to the aforesaid post reads as under:—
“Appointment.—(a) Director of the Institute—
(i) Pay.—The pay and other allowances of the Director of the Institute shall be at par with other officers in Bihar Education Service Class-I as per decision of the State Government, but he/she shall not be a Government servant, since the Institute is an autonomous body.
(ii) Appointment to the post of Director.—For the regular appointment to the post of Director of the Rural Institute Birauli a selection committee shall be constituted by the Chairman of the Institute consisting of the following:—
(a) Principal Secretary, Education Department/Secretary/Special Secretary (Higher Education)—Chairman
(b) Director, Higher Education—Member
(c) Teacher not below the rank of Professor nominated by the Chairman of the Institution—Member
(iii) The Selection Committee shall recommend the names of three to five suitable persons alphabetically to the governing body for the appointment to the post of Director of the institute. The governing body may appoint any of the recommended persons to the post of Director.
(iv) The following shall be the minimum qualification/conditions for the appointment to the post of Director of the institute:—
(a) Post Graduate Degree with 55% marks in any of the subjects being taught in the institute.
(b) Ph.D. degree is essential.
(c) Teaching experience of a minimum of 10 (ten) years in any University/College/Rural Institute is essential.
(b) Teachers of the Institute.—(i) Pay Scale – The pay and other allowances of the teachers of the Institute shall be at par with other officers in Bihar Education Service Class – II as per decision of the State Government, but he/she shall not be a Government servant, since the Institute is an autonomous body.”
4. The process of selection for the aforesaid post was completed. For further action in respect of appointment governing body was authorized to issue order of appointment. In other words, appointing authority to the aforesaid post is governing body. Annexure 2 dated 09.01.2015 reads as under:
Underline Emphasized
Annexure- 2
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Adherence to appointment rules and limitations on the issuance of writs of quo warranto
The appointment process must be followed as directed by the rules, and no writ of quo warranto can be issued against non-substantive or non-government posts.
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
A managing committee member working as teacher cannot claim appointment or promotion as Headmaster/Headmistress due to Rule 8 prohibition; writ court should decline interference when efficacious revi....
The issuance of writ of quo warranto requires evidence of unlawful usurpation of public office, and retired individuals typically lack standing to contest appointments under statutory rules.
The office of Deputy Registrar of RCC Institute of Information Technology is not a public office and therefore, a writ of quo warranto cannot be issued to remove the private respondent from the post ....
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