K. VINOD CHANDRAN, PARTHA SARTHY
Randhir Kumar, S/o. Sri Ramsen Prasad Singh – Appellant
Versus
Hon’ble Chancellor of Universities Bihar, through the Secretary – Respondent
JUDGMENT :
K. Vinod Chandran, J.
In the nature of the orders to be passed in the above writ petition, we need to briefly refer to what transpired on the last date. On 25.08.2023, when the matter was called Sri P.K. Shahi, learned Senior Counsel appearing for the 7th respondent specifically pointed out that the Chancellor of the University had conducted an enquiry into the specific allegations raised herein, against the 7th respondent and found his appointment and continuance to be proper. A copy of the communication issued from the office of the Chancellor specifically recording the satisfaction of the Chancellor, based on the report of enquiry, was also produced in the writ petition. Learned Senior Counsel also pointed out that the 7th respondent has been constantly harassed by one complaint or the other and the present writ petition in the nature of a Public Interest Litigation is another attempt at witch-hunting. Earlier, based on a complaint filed by a person, who had also approached this Court with similar contentions, but later sought for withdrawal of the writ petition to agitate his cause before the Chancellor, an enquiry was conducted; which culminated in the satisfaction of
Employment and Service Matte – Terminated from service - Petitioner was not eligible and qualified for being appointed to post of Controller of Examination and has no right over post in question
The principles of res judicata apply to public interest litigation, and a second writ petition challenging the same appointment on similar grounds is not maintainable.
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The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
Appointment – Parameters to be applied to a case where an incumbent to a post does not fulfil qualifications prescribed for a post, are different from parameters to be applied to a case where no spec....
A litigant invoking PIL jurisdiction must approach the court with clean hands and disclose all relevant facts. Failure to do so may result in the dismissal of the action without examining the merits ....
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