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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR SINHA
Santosh Kumar Son of Shri Ram Chandra Singh – Appellant
Versus
State Of Bihar – Respondent
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,
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.
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Once a post is sanctioned, prior approval from the State Government is not necessary for appointment; eligibility and suitability can be scrutinized post-appointment.
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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