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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR SINHA
Kumari Smita daughter of Vinay Kumar Jha – Appellant
Versus
Lalit Narayan Mithila University – Respondent
| Table of Content |
|---|
| 1. petitioners seek positions based on prior appointments. (Para 1 , 2 , 3) |
| 2. arguments regarding eligibility under advertisement terms. (Para 4 , 5) |
| 3. clarification on section 57a(6) applicability. (Para 6 , 7 , 8 , 9) |
| 4. section 57a(6) meant for appointments pre-2007. (Para 10 , 11) |
| 5. writ applications dismissed due to non-eligibility. (Para 12 , 13) |
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 appointme
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.
Section 57A(6) of the Bihar State Universities Act is inapplicable to teachers appointed after the stipulated date; University must process such appointments fairly.
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.
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