IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR SINHA, J.
CWJC No. 10594 of 2017
(17.11.2025)
Santosh Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondent
Bihar State Universities Act, 1976 – Section 57A(6) – Appointment on post of Assistant Professor – Petitioner has been discharging duties attached to third sanctioned post of 'Lecturer' in Physics at the college pursuant to being appointed on said post after 19.04.2007 – This being admitted position, Section 57A(6) of Bihar State Universities Act, 1976 will not have any role to play qua case of petitioner – Respondent-University could not have relied upon Section 57A(6) for not considering case of petitioner because petitioner did not fall in class of persons contemplated by Section 57A(6) – Petitioner having been appointed after 19.04.2007 in terms of provisions contained in Section 57A(1) and other sub-sections of Section 57A other than Section 57A(6) of Bihar State University Act, 1976 as amended up to date, it was incumbent on University to place matter of petitioner's appointment against post of 'Assistant Professor' in Physics at college before Statutory Seniority Approval and Pay Fixation Committee of University for grant of approval – Concerned authorities of University, directed to take steps towards placing matter of appointment of petitioner against third sanctioned post of 'Assistant Professor' in Physics in college before Statutory Approval Seniority and Pay Fixation Committee of University as well as Syndicate of University for its approval, within one month, alongwith all consequential benefits – Writ Application allowed. (Paras 7, 12, 13 and 14)
Alok Kumar Sinha, J. – Heard the parties.
2. The petitioner in the present writ application has prayed for the grant of following reliefs: –
(I) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the B.R. Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as "the University") to take steps towards placing the matter of appointment of the petitioner against the third sanctioned post of Assistant Professor in Physics at Ramshreshtha Singh College, Chochahan, P.O.-Aniruddha Belsar, District-Muzaffarpur (hereinafter referred to as "the College") before the statutory Approval, Seniority and Pay Fixation Committee of the University as well as the Syndicate of the University for its approval;
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University to consider the matter of the appointment of the petitioner in terms of the provisions contained under section 57A of the Bihar State Universities Act, 1976 and approve the same in accordance with law;
(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the College to extend all the consequential benefits in favour of the petitioner after approval of his appointment by the statutory Approval, Seniority and Pay Fixation Committee as well as the Syndicate of the University, (iv) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.
3. The case of the petitioner, inter alia, is as follows: –
(i) 05.10.2007: – By order dated 05.07.2007 issued by the concerned authorities under the college, the petitioner was informed with respect to his appointment against the post of ‘Laboratory In-charge’ in the Department of Physics at the college and was, as such, directed to submit his joining against the said post within a period of one week from the date of receipt of the said order, failing which the appointment of the petitioner was to be canceled.
(ii) 06.10.2007: – The petitioner submitted his joining against the post of ‘Laboratory In-charge’ in the Department of Physics of the College on 06.10.2007, which was duly accepted by the concerned authorities and thereafter, the petitioner started discharging his duty against the said post, and in the meantime, the petitioner proceeded on leave after taking due permission from the concerned authorities at the college in order to pursue the course of post-graduation in Physics. After having passed the M.Sc. (Physics) examination conduced by the concerned authorities under the University, the petitioner once again submitted his joining in the services of the college.
(iii) 02.03.2010: – Thereafter, an order dated 02.03.2010 (Annexure-1) was issued by the concerned authorities under the college, by which while indicating that there is an acute shortage of teacher in the subject of Physics at the college, the petitioner was promoted in the capacity of ‘Lecturer’ in Physics at the college. In furtherance of the directions contained under the order dated 02.03.2010, the petitioner assumed the charge of ‘Lecturer’ in Physics at the college on 03.03.2010 and started discharging duties in the said capacity in accordance with law.
(iv) 01.08.2010: – Subsequently, an order dated 01.08.2010 (Annexure-2) was issued by the concerned authorities at the college by which while indicating that the aforesaid order dated 02.03.2010 suffered from certain infirmities, the said order dated 02.03.2010 was withdrawn ab initio; and furthermore, the petitioner was provisionally appointed against the third sanctioned post of ‘Lecturer’ in Physics at the college and it was stipulated that the substantive appointment would be made on the basis of recommendation made by a Selection Committee to be constituted by the University.
(v) In the afo
Section 57A(6) of the Bihar State Universities Act is inapplicable to teachers appointed after the stipulated date; University must process such appointments fairly.
The court held that the eligibility for consideration in teaching appointments is confined to those appointed before a specific cutoff date, and the petitioners, appointed later, do not qualify.
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
A sanctioned post permits appointment without prior government approval; rejection of appointment was deemed arbitrary.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
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