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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Bhasker Manuvansh, Son Of Late Ganesh Lal Yadav – Appellant
Versus
Vinoba Bhave University, Hazaribagh Through Its Vice-Chancello – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
This writ petition is assigned to this Bench by Hon’ble the Chief Justice and that is how, this matter is listed before this Bench.
2. Heard Mr. Afaque Ahmed, learned counsel for the petitioner, Mr. Mithilesh Singh, learned counsel for the Vinoba Bhave University, Mr. Binit Chandra, learned counsel for the State of Bihar, Mr. Shivam Singh, learned counsel for respondent no.4, which is the Governing Body of the P.T.P.S. College Patratu and Mr. Arvind Kumar Singh, learned counsel for respondent no.6.
3. The prayer in the writ petition is made for direction upon respondent no.4 to treat the petitioner as working on regular basis against the first sanctioned post of a Lecturer in Political Science as duly recommended by the Commission. The further prayer is made for cancellation of appointment of respondent nos. 5 and 6 on the ground that they are illegally continuing as Lecturers in the Department of Political Science in P.T.P.S. College, Patratu. The prayer is also made for quashing any recommendation of the Bihar College Service Commission in favour of respondent nos. 5 and 6. The further prayer is made to pay increments to the petitioner.
4. Mr. Afaqu
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Irregular daily wager appointments without advertisement violate Articles 14 & 16; no regularization or reinstatement even with prior equal pay directions; termination upheld as backdoor entries depr....
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.
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
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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