JUDGMENT :

S.N. PATHAK, J.

1. Heard Learned counsel for the parties.

2. PRAYER:

Petitioner has filed this writ petition with a prayer for following reliefs:

(a) For the issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing appointment of respondent no. 9 to the post of Assistant Professor (History) after calling for records in terms of prayer “c” made in furtherance to advertisement inviting applications published in the newspaper dated 24.01.2018 as the same has been made in violation of the minimum eligibility criteria as prescribed under the advertisement.

(b) To hold and declare that the respondent no. 9 does not possesses the requisite qualification/eligibility criteria as enshrined in the advertisement as respondent no. 9 is not having master’s level degree in the concerned subject from a recognized Indian University.

(c) For a direction upon the respondent to call for the entire records in connection with the recruitment process and if the appointment made to the post of Assistant Professor (History) and also the appointment letter and connected documents in relation to appointment of respondent no. 9 to the post of Assistant Professor (History).

(d) Directing the respondents to appoint the petitioner to the post of Assistant Professor (History) in furtherance to the appointment process initiated vide advertisement dated 24.01.2018.

3. FACTS OF THE CASE:

As per factual matrix, an advertisement was floated by Yogoda Santsanga Mahavidyalaya in the year 2017. Petitioner having requisite qualification, applied for his appointment on contractual basis on per class basis as an Assistant Professor at the Degree Section of Yogoda Satsanga Mahavidyalaya. After due scrutiny and interview, appointment letter dated 18.08.2017 was issued in favour of the petitioner appointing him as an Assistant Professor (Contractual) in the Department of History. The services of the petitioner was further extended vide letter dated 10.08.2018 with effect from 22.07.2018 for a period of 11 months. Thereafter, fresh advertisement dated 24.01.2018 was issued by the respondent – College for direct recruitment on two sanctioned post of Assistant Professor in the Department of History. Petitioner being eligible applied for the same. However, petitioner has come to know that one person namely Mritunjay Kumar had been short-listed and was going to be appointed to the post of Assistant Professor in the Department of History. Thereafter, petitioner filed an application dated 23.10.2018 under Right to Information Act, 2005 seeking information regarding entire recruitment process right from issuance of advertisement and criteria adopted for selection of a candidate and the details of appointment made in the department of History earlier and the existing procedure for appointment in the said department.

4. ARGUMENTS ADVANCED BY LEARNED COUNSEL FOR THE PETITIONER:

Mr. Shresth Gautam, learned counsel appearing for the petitioner submits that respondent no. 9 has passed M.A. in Ancient History and not in “History” and for teaching at college level in the State of Jharkhand, one should not have specialized stream of History as a subject in the Post Graduate Level rather M.A. in History is required. Learned counsel submits that respondents have violated terms and conditions of advertisement and have appointed respondent no. 9 without considering candidature of the petitioner and there have been irregularities committed by the respondents in holding a fair and proper recruitment process. Respondents have overreached the guidelines of the Jharkhand Public Service Commission and have appointed respondent no. 9 who is M.A. in Ancient History. Learned counsel further submits that in Bihar Public Service Commission, Patna eligibility criteria for appointment to the post of Assistant Professor in History has been fixed as M.A. Degree in “History” and not in Medieval History or Ancient History. Learned counsel further submit