Purnendu Singh, J. – Heard Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Rajesh Prasad Chaudhary, learned counsel for the Veer Kuwar Singh University.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter: –

“That this is an application for issuance of an appropriate writ/directions for quashing the notification contained in Memo no. 1696/Estab/2021 dated 11.9.2021 issued by the Registrar of Veer Kuwar Singh University Ara (hereinafter referred as the University) whereby and whereunder petitioners appointment on the post of Assistant Professors of M.B.A. (self Finance course) in the said University has been cancelled and allow them to function on the post Assistant Professors. The petitioners further pray for payment of arrear of salary as Assistant Professor in M.B.A. (self finance course) and also grant any other reliefs for which petitioner is found entitled in the facts and circumstances of the case.”

3. An Advertisement No. 01 of 2020 was published on 22.05.2020 seeking application from the prospecting candidates having requisite qualification for the post of Assistant Professor in different faculty. The petitioners had applied for the post of Assistant Professor of M.B.A. (Self Finance Course). The advertisement was in respect of five posts under different categories informing that the payment of honorarium shall be made subject to the availability of funds and decision of the Finance Committee.

4. Petitioners are aggrieved by the decision of the University contained in Memo No. 1696/Estab/2021 dated 11.09.2021 (Annexure-1) issued under the signature of the Registrar of the Veer Kuwar Singh University, Ara, by which the engagement / appointment of the petitioners were cancelled. Learned counsel appearing on behalf of the petitioners submitted that after following the due process of appointment in accordance with law, the petitioners were appointed on the post of Assistant Professor of M.B.A. (Self Finance Course) on 08.12.2020 and the petitioners were discharging their duties till 11.09.2021. On the basis of the report of the Enquiry Committee, the Syndicate proceeded to review its own decision which was taken in respect of advertising the post vide Advertisement No. 01 of 2020 and pursuant to which, the petitioners were selected in accordance with the terms and conditions of the said advertisement and they were also getting the required pay scale of Assistant Professor as per the UGC guidelines as per the decision of the Syndicate taken in exercise of power contained in Section 23 of the Bihar Universities Act. Learned counsel further submitted that the decision to cancel its own decision by the Syndicate is against the statutory provision of the Bihar Universities Act, 1976. There is no provision of review in the Statute and cancellation of appointment of the petitioner on this very ground is not sustainable in the eye of law. Learned counsel further submitted that the petitioner was not given any due opportunity of hearing and taking notice of the statement made in Para-9 of the counter affidavit filed on behalf of the University, learned counsel submitted that the order of cancellation of the appointment, even considering to be contractual appointment or Ad hoc appointment is not termination simplicitor as the terms and conditions of the appointment is in accordance with the governing statutory provision of the Universities Act, 1976. Learned counsel further submitted that even if it is considered that the appointment of the petitioners was on temporary basis subject to the availability of funds and approval of the Finance Committee in terms of the advertisement, then also the same will be considered to be punitive in nature considering the statement made in Para-19 wherein a consideration has been made in respect of the past services of the petitioner no.2 in the Air Force. On these grounds