A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.

JUDGMENT :

ANJANI KUMAR SHARAN, J.

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for seeking following reliefs:

i. For setting aside the order issued by the Education Department, Govt. of Bihar, Patna contained in Memo No.914 dated 21.04.2022 under the signature of Director, Higher Education, whereby and where-under the proposal sent by the Kameshwar Singh Darbhanga Sanskrit University, (hereinafter referred to as 'University') for concurrence to the appointment of the petitioner dated 29.10.2012 as a Graduate Teacher, made by the Governing Body of Rudra Sanskrit UP-Sastri College, Hullash, Supaul (hereinafter referred to as 'College'), has been rejected on the ground that the provision laid down under Section 35 (2) of the BIHAR STATE UNIVERSITIES ACT , 1976, which mandates prior permission for any appointment, has not been followed in the said appointment.

ii. For setting aside all consequential letters, having been issued, in compliance of the aforesaid direction of the Education Department.

iii. For a declaration that the order issued by the Education Department, the State of Bihar, Patna is arbitrary, unreasonable and in violation of principles of natural justice.

iv. For appropriate direction to the Respondent Authorities to allow the petitioner to continue on his respective post/service.

v. For a declaration that the appointment of the petitioner on the post of Graduate Teacher in the aforesaid College has been made after following due process of law and thus is valid, legal and in accordance with law. vi. For grant of any other relief/reliefs to which the petitioner is found entitled too.

3. The short facts of the present case is that by a resolution dated 18.10.1976 issued by the concerned authorities under the Education Department of the State Government, it was communicated that under the non-government Sanskrit Educational Institutions, 10 posts of Teachers were sanctioned which included 1 posts of Principal, 6 posts of Lecturers in different Sanskrit subjects including 2 posts of Lecturers in Sahitya, 2 posts of Lecturer in Vyakaran and 2 posts of Lecturer of any Sanskrit subject out of which 1 person was to be appointed against the post of Principal and the remaining 4 posts included 1 post of Teacher in English, 1 post of Teacher in Hindi, 1 post of Teacher in Sanskrit and 1 post of Teacher in any Modern Science.

4. In a similar manner, under the aforesaid resolution dated 18.10.1976, provisions has also been made with respect to the posts of Non-Teaching Employees were admissible in the Sanskrit Educational Institutions which included 1 post of Clerk, 1 post of Typists, I post of peon, 1 post of Night Guard and in the manner as aforesaid its is manifest that in terms of the decision contained in the aforesaid resolution 18.10.1976 issued by the concerned authorities under the Education Department of the State Government, there were altogether 10 posts of Teacher and 4 posts of Non-Teaching Employees sanctioned in favour of the Sanskrit College/Institutions situated within the State of Bihar. So far as the College is concerned, it is permanently affiliated College of the University and as such, it is an admitted position in terms of the aforesaid resolution dated 18.10.1976, 10 posts of teaching with