ORAL JUDGMENT

Date : 05-09-2024 Heard learned counsels for the parties.

2. Petitioner has approached this Court for the following reliefs:-

(i) For quashing the letter dated 19.08.2020, bearing memo no.BSU-(FA) 37/2018-1545/GS (1) issued from the Governor’s Secretariat, Bihar, Patna, pursuant to the order passed by the Chancellor of Universities of Bihar, by which the petitioner was relieved from the post of Financial Adviser of Maulana Mazharul Haque Arabic & Persian University, Patna (hereinafter referred to as the ‘University’).

(ii) For commanding the concerned respondent authorities under the Governor’s Secretariat, Patna, Bihar, as well as the University to take steps towards allowing the petitioner to resume his duties in the capacity of Financial Adviser of the University on the basis of the selection and appointment against the post of Financial Adviser of the University by a notification dated 24.03.2018 issued from the Governor’s Secretariat, Patna, Bihar for a term of three years.

(iii) For commanding the concerned respondent authorities to take steps towards making payment of entire arrears of salary along with current salary in favour of the petitioner that he has been deprived of, on account of illegal order of relieving as communicated by the impugned letter dated 19.08.2020 issued from the Governor’s Secretariat, Patna , Bihar even before the term of the petitioner against the post of Financial Adviser of the University had gotten over.

(iv) For any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

3. Learned counsel for the petitioner submits that the case at length is that vide an advertisement dated 22.12.2017 issued from the Governor’s Secretariat, Patna, Bihar, applications were invited from eligible candidates for consideration of their cases for appointment against the posts of Financial Advisers in different universities within the State of Bihar in terms of the provisions contained under Section 12A of the Bihar State Universities Act, 1976 (hereinafter referred to as ‘the Act’) and Section 14A of the Patna University Act, 1976 as amended up-to date. (Annexure-1 of the writ application).

4. Petitioner, being eligible in all respect, amongst other persons, had also submitted his application in the prescribed manner for consideration of his case for appointment against the post of Financial Adviser in the services of the Universities within the State of Bihar. Thereafter, petitioner participated in the interview conducted by the concerned authorities pursuant to the order passed by the Chancellor of Universities of Bihar and on the basis of performance of the petitioner in the selection process, petitioner was appointed against the post of Financial Adviser of the University, by a notification dated 24.03.2018 bearing memo no.BSU-59/2014-903/GS (1) issued from the Governor’s Secretariat as per the provisions contained under Section 12A of the Act, 1976 as amended up to date.

5. He further submits that the provisions contained under Section 12A (2) of the Act, as amended up to date prescribes that the terms and conditions of service of Financial Adviser shall be determined by the Chancellor in consultation with the State Government and the person appointed in the capacity of Financial Adviser would ordinarily hold the post for three years. 6. Pursuant to the appointment of the petitioner by the University by aforesaid notification dated 24.03.2018, petitioner submitted his joining in the said capacity and assumed charge of the Office of Financial Adviser of the University on 02.04.2018 and the same was duly accepted by the concerned authorities and thereafter, vide office order dated 02.04.2018 issued by the University notified that the petitioner has submitted his joining in the capacity of Financial Adviser of the University for three years on the usual terms and conditions of re-employment.

(Annexure-3 of the writ application).

7. He further c