The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-dating of orders.

JUDGMENT :

Anjani Kumar Sharan, J.

Heard learned counsels for the parties.

2. The present writ application has been filed for the following reliefs:

(i) For issuance of an appropriate writ/order or direction, in the nature of a Writ of Certiorari or any other appropriate writ/order or direction for quashing the order dated 26.09.2023 passed by the Respondent No. 4 as well as the consequential order issued vide Memo No. 120 dated 06.01.2024, cancelling the appointment of petitioner as Dy. Registrar, Aryabhatta Knowledge University, Patna;

(ii) For issuance of an appropriate writ/Order or direction, in the nature of a Writ of Mandamus or any other appropriate Writ/Order or Direction, commanding the Respondents to reinstate the petitioner with all consequential benefits of continuity, seniority, arrears of salary etc, in accordance with law.

3. The short fact of the present case is that the petitioner being the topper in the final merit list of BPSC got appointed as CDPO in Department of Social Welfare, Government of Bihar vide Memo No. 1689 dated 11.10.2000 on the pay scale of Rs.6500-10500 where she joined on 24.10.2000. She gained 13 years of unblemished service experience by 2013, and after completion of 10 years of service, she was granted the benefits of first Assured Career Progression (ACP) in PB-2 Grade Pay of Rs.5400/-(Annexure P/1 of the Writ Petition). Meanwhile, an advertisement dated 19.08.2011 was published by the Aryabhatta Knowledge University, Patna calling for application from eligible candidates for appointment against various Academic, Administrative and Non-Teaching posts of the University, including the post of Deputy Registrar. Following are the minimum qualifications prescribed in the aforesaid advertisement for the post of Deputy Registrar-

Section B

1 DEPUTY REGISTRAR/ CONTROLLER OF EXAMINATIONS/PENSION &

RETIREMENT BENEFIT OFFICER

Minimum Qualifications:

Master Degree with at least 55% of the marks or its equivalent grade of “B” in UGC seven-point scale.

Experience:

9 years of Experience as Assistant Professor in AGP (Academic Grade Pay) of Rs. 6000/- and above with experience in educational administration;

Or

Comparable experience in research establishment and/or other institutions of higher education;

Or

5 years of administrative experience as Assistant Registrar or on an Equivalent Post;

Apart from above, Clause 8 (i) of the General Conditions prescribed in the Advertisement, specifically empowered the University to relax the minimum requirement of Qualification and/or Experience on the recommendations of the Screening/ Selection Committee. (Annexure P/2 of the Writ Petition)

4. Learned counsel for the petitioner submits that she has experience of more than 11 years on a Pay Scale and/ or Grade Pay higher than what was admissible to Assistant Registrar or on an Equivalent Post of the University. The petitioner, therefore, fulfilled the Experience qualification as required under the third category prescribed in Clause 1 of Section "B" of the aforesaid Advertisement. Further, the petitioner also possess Master’s Degree in First Division i.e., more than 60% of marks and had done her M.Phil. and Ph.D. from Jawaharlal Nehru University, New Delhi. Based on these qualifications her application was duly forwarded by the competent authority of the State Government on 13.12.2012 (Annexure P/4 of the Writ Petition).

5. Thereafter, the matter of appointment against the said post of Deputy Registrar was considered by the duly constituted University Selection Committee and the petitioner was awarded the highest marks by the said Selection Committee