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.

JUDGMENT :

Alok Kumar Sinha, J.

Heard the parties.

2. Since common question of law is involved in both the writ applications, therefore, they are heard together and are being disposed of by this common judgment. For the sake of convenience and brevity, the facts of CWJC No. 5264 of 2018 are only being noticed, unless otherwise indicated.

3. The petitioners in both the present writ applications have prayed for the grant of following reliefs:-

(i) writ mandamus commanding the in the nature respondents university to allow the petitioner to appear before the Selection Committee for recommendation of their case against the sanctioned posts of teachers.

(ii) For issuance of an order, direction or writ including the writ in the nature mandamus commanding the respondent university to approved the name of the petitioners for appointment against the sanctioned posts of teachers in the college.

(iii) For issuance of an appropriate declaration holding that since the posts have been sanctioned by order dated 06.10.2017 and the petitioners have been appointed prior to the said date as such their cases are required to be considered by the Selection Committee constituted for appointment on the sanctioned post.

(iv) For issuance of an appropriate declaration holding that one time relaxation granted by Bihar State Universities (Amendment) Act, 2015 will not apply to the college in question as no post teaching or non-teaching was sanctioned in the college prior to 19.04.2007.

(v) For any other relief(s) to which the Petitioner may be found entitled in the facts and circumstances of the present case.

4. The petitioners of CWJC No. 5264 of 2018, inter alia, contend as follows:-

i) Petitioner no. 1, Kumari Smita, was appointed as a Lecturer on temporary basis in Hindi in the Ayachi Mithila Mahila College Bahera, Benipur, Darbhanga vide Office Order dated 03.04.2007 (Annexure-1). She gave her joining on 05.04.2007 which was accepted on the same day. By Office Order dated 06.06.2008 (Annexure-2), the petitioner no. 1 was appointed on the post of Lecturer on permanent basis in Hindi by the Secretary of the Governing Body of Ayachi Mithila Mahila College Bahera, Benipur, Darbhanga. She gave her joining on 07.06.2008.

ii) Petitioner No. 2, namely Mira Kumari, was appointed as a Lecturer on temporary basis in Zoology by the Secretary of the Governing Body of the College vide Office Order dated 12.02.2012 (Annexure-3). She gave her joining on 15.02.2012 which was accepted on the same day.

iii) Petitioner No. 3, namely Sarita Kumari, was appointed as a Lecturer on temporary basis in Political Science vide Office Order dated 25.03.2010 (Annexure-4) issued under the signature of the Secretary of the Governing Body of the College. She gave her joining on 26.03.2010 which was accepted on the same day.

iv) Petitioner No. 4, namely Chandan Kumar Singh, was appointed as a Lecturer on temporary basis in Anthropology vide Office Order dated 09.03.2015 (Annexure-5) issued under the signature of the Secretary of the Governing Body of the College. He gave her joining on 10.03.2015 which was accepted on the same day.

v) For compliance of the provision of the Bihar State Universities (Amendment) Act, 2015, the Ayachi Mithila Mahila College Bahera, Benipur, Darbhanga issued advertisement in daily newspaper Dainik Bhaskar dated 14.02.2017 (Annexure-6) for recommendation of the teachers working in the college by the Selection Committee and its approval by the University. From the intending candidates, applications were invited within a week. The candidates were required to submit their self-written applications enclosing cert