Section 57A(6) of the Bihar State Universities Act is inapplicable to teachers appointed after the stipulated date; University must process such appointments fairly.

JUDGMENT :

ALOK KUMAR SINHA, J.

1. 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,