Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3581 of 2009 ====================================================== Bimlesh Prasad Singh s/o Late Jagdish Singh, r/o village- Dhanaw, P.S. Nabi Nagar, District Aurangabad Versus .... .... Petitioner/s 1. Rajendra Agriculture University, Pusa, Samastipur through its Vice Chancellor 2. The Vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur 3. The Registrar, Rajendra Agriculture University, Pusa, Samastipur 4. The Director Administration, Rajendra Agriculture University, Pusa, Samastipur 5. Sanjay Gandhi Institute of Dairy Technology, through its Associate Dean- cum- Director, Jagdeo Path, B.V.C., Patna 6. The Associate Dean- cum- Director, Sanjay Gandhi Institute of Dairy Technology, Jagdeo Path, B.V.C., Patna 7. The Registrar, Bihar Agriculture University, Sabour, Bhagalpur 8. The Bihar Agriculture University, Sabour, Bhagalpur through its Registrar .... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.6593 of 2009 ====================================================== Triloki Nath Pandey S/o Dr Jagtanand Pandey R/o village Malaur, P.O. Malaur, P.S. Charpokhari, District Bhojpur (Ara), at present residing at house no.A-1, Road No.2, Adarsh Vihar Colony, Rukanpura, Near Jagdeopath Petrol Pump, Patna- 800014 Versus .... .... Petitioner/s 1. The State Of Bihar 2. The Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, Patna 3. The Principal Secretary, Human Resource Department, Bihar, Patna 4. Rajendra Agricultural University, its Registrar, Pusa, thorugh Samstipur- 848125, Bihar 5. The Vice Chancellor, Rajendra Agriculture University, Pusa, Samastipur 6. The Registrar, Rajendra Agriculture University, Pusa, Samastipur 7. The Selelction Committee, Rajendra Agricultural University, Pusa, Samastipur- 848125, Bihar, through its Chairman Dr. Chandeshwar Prasad, Dean Sanjay Gandhi Institute of Dairy Technology (Rajendra Agricultural Univesity), Jagdeopath, Patna- 800014 8. The Officer in charge (recruitment), Rajendra Agriculture University, Pusa, Samastipur 9. The Director Administration, Rajendra Agriculture University, Pusa, Samastipur
Legal Reasoning
Patna High Court CWJC No.3581 of 2009 (8) dt.16-01-2013 2/ 5 10. Shree Navneet Kumar, S/o Late Ramvinay Singh, R/o village and P.O. Sarhenchiya, P.S. Aurai, District Muzaffarpur 11. Shree Ashok Kumar Singh, S/o Shree Ramshankar Singh, R/o village and P.O. Naya Gaon, P.S. Shyampur, District Sheohar, Bihar
Legal Reasoning
12. Shree Deepak Kumar, S/o Shree Rameshwar Prasad Srivastava, R/o P.O. New Agarwa, P.S. Motihari, District East Champaran, Bihar 13. Shree Lakshmishwar Prasad Roy, S/o Inderdeo Roy, Department of Animal Reproduction Gynecology and Obsterics, Bihar Veterinary College Campus, Patna- 800014, Bihar .... .... Respondent/s ====================================================== Appearance : (In CWJC No.3581 of 2009) For the Petitioner/s : Mr. Jagannath Singh For the Respondent/s : Mr. Y.V.Giri Mr. Mahesh Narayan Parbat Mr. Sanjay Kumar Jha Mr Anil Kumar Upadhaya (In CWJC No.6593 of 2009) For the Petitioner/s : Mr. Pushkar Narain Shahi Mr. Nishant Choudhary For the Respondent/s : Mr. (Gp21) Mr. Saroj Kumar Singh Mr. Mahesh Narayan Parbat Mr. Mukeshwar Dayal Mr. Vikas Mohan Mr. Chandra Mohan Singh Mr. Prakash Mahto Mr Anil Kumar Upadhaya ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 8 16-01-2013 A detailed order dated 20.9.2011 was passed in the two writ applications taking into consideration the diverse disputes which have been raised in the background under which a panel on merit was sought to be prepared for filling up the post of Store Clerk in SGIDT, Patna. Today, learned counsel for the University has Patna High Court CWJC No.3581 of 2009 (8) dt.16-01-2013 3/ 5 tendered a revised select panel list in accordance with merit, in a sealed cover. The Court has gone through the merit list and returned the same to the University counsel with an observation that now when the merit list has been prepared taking into consideration experience as well, as directed earlier by the High Court, it is left open to the University authorities to do what is required to be done with regard to appointment which led to the advertisement and creation of the panel. Counsel for the University, however, points out to the Court that since the advertisement issued in the year 2006, the concerned University has been now bifurcated and that could have a relevance to the issue of such appointment depending on the availability of the posts and their utility in the original University when the advertisement was issued. Since the Rajendra Agriculture University, Pusa had issued the advertisement in the year 2006 before bifurcation, the question of appointment would be required to be re-looked based of utility of such persons or the necessity of the post, if it still remains with the original University. The matter is left open to the discretion of the University to consider on the given facts and examination. Learned counsel representing the private respondent Patna High Court CWJC No.3581 of 2009 (8) dt.16-01-2013 4/ 5 in the case of Triloki Nath Pandey (CWJC No.6593 of 2009) submits that there is large scale bungling involved in the manner in which the University entertained the experience certificate of the persons, who are claimants and without any proper verification, they were engaged or employed. That is wholly illegal in the very first place. There are no corresponding records available with regard to such payments, deduction of provident fund etc. to corroborate their engagement, still the University has been gracious enough in this regard, for many a reasons which need not be stated in so many words. Rajendra Agriculture University has been under controversy for various reasons especially when it comes down to engagement and appointment in the University. The matter has not been any different despite change of Vice Chancellors from time to time. However, there may not be any occasion to delve or inquire into that aspect of the matter at this stage. However, if any infirmity does emerge after the process of appointment, the affected party surely will have a right to agitate the same before the forums so provided.
Decision
Both the writ applications stand disposed of with the observation as above. Since it is an old matter dragging on for so many Patna High Court CWJC No.3581 of 2009 (8) dt.16-01-2013 5/ 5 years, whatever be the reason, the Court would expect that finality would be reached on the issue within a period of four months from the date of production of a copy of this order. (Ajay Kumar Tripathi, J) sk