IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9551 of 2003 BRIJENDRA KUMAR SINGH son of late Dr. Awadhesh Narayan Singh, resident of village and police Station- Mohania, District- Kaimur. … Petitioner. Versus 1. THE BIHAR COLLEGE SERVICE COMMission, through its Secretary, Boring Canal Road, Patna. 2. The Secretary, Bihar College Service Commission, Boring Canal Road, Patna. 3. The Governing Body of Maharan Pratap College, through its Secretary, Mohania, Kaimur. 4. The Principal, Maharana Pratap College, Mohania, District- Kaimur. 5. Veer Kunwar Singh University, through it’s Registrar, Arrah. 6. the Vice Chancellor, Veer Kunwar Singh University Arrah. 7. Sri Jitendra Kumar Singh son of Sri Jainath Singh, resident of village Murhariya, P.O. Kathej, P.S. Mohania, District- Kaimur, presently working as Lecturer in Maharana Pratap College, Mohania, Kaimur. …..Respondents. With CWJC No.9282 of 2003 BRIJENDRA KUMAR SINGH, son of late Dr. Awadhesh Narayan Singh, resident of village and P.s.- Mohaniya, District- Kaimur. … Petitioner. Versus 1. THE BIHAR COLLEGE SERVICE Commission, through its Secretary, Boring Canal Road, Patna. 2. The Governing Body of Maharana Pratap Singh College, through its Secretary, Mohaniya, Kaimur. 3. The Principal, Maharana Pratap Singh College, Mohaniya, Kaimur. 4. Veer Kunwar Singh, University, through its Registrar, Arrah. 5. The Vice Chancellor, Veer Kunwar Singh University, Arrah. … Respondents. ----------- 3. 13.09.2010 Having heard learned counsel for the petitioner and learned counsel for the Veer Kunwar Singh 2 University, this Court is satisfied that the University cannot shut its eyes towards appointment of teaching staff even in an affiliated college if it is in teeth of Section 57 A of the Bihar State Universities Act as also the statutes framed thereunder. Apparently, in these two cases, petitioner’s grievance is with regard to illegality in the impugned recommendation on the second post of Lecturer in the department of Sociology made by the College Service Commission in favour of respondent no. 7 on account of which his name was placed below the name of respondent no. 7 for the second post and also not acted upon by appointing him against the third post despite being recommended as a first nominee. The case of the petitioner is that since the respondent no. 7 did not possess the qualification for the post of Lecturer as prescribed in the advertisement the recommendation of respondent no. 7 and his consequential appointment must be held to be bad in which event he will be only the candidate left out for the second post of Lecturer in the department of Sociology in Maharana Pratap Singh College, Mohania, Kaimur. Mr. A. B. Sinha, learned counsel appearing on 3 behalf of the University does not dispute these facts but he would submit that the University has a very limited role to play in the appointment of any person against a teaching post in an affiliated college on the recommendation of Commission. He further submits that unless such illegality is brought to the notice of the University by the College or the affected person it cannot act on its own. This Court cannot concur with such submission of the learned counsel for the University in respect of relationship of University vis a vis affiliated college. Section 59 of the Bihar State Universities Act (hereinafter referred to as the Act) vests power in the University to take all remedial action against the colleges affiliated to it who infact are bound to carry out the objective of imparting teaching only through duly qualified teachers. Thus, the moment an affiliated college would make appointment on teaching post in teeth of provision made under Section 57 A and/or the statutes framed thereunder, it would be violating one of the condition of affiliation as with regard to abiding strict observance of the provisions of the Act and the statutes. In that view of the matter and specially when the 4 Commission has since been dissolved and the respondent no. 7 despite service of notice has also not appeared, this Court would direct the respondent- University to examine the grievance of the petitioner as with regard to the alleged illegality in the recommendation and appointment of respondent no. 7 on the post of lecturer in the department of Sociology in the College and if it is found that the recommendation of the Commission in favour of respondent no. 7 is not as per the requirement under the statutes fixing qualification for the post of lecturer, the University would of course after affording an opportunity of hearing to respondent no. 7 as also the Governing Body issue a direction to the Governing Body for cancelling the appointment of respondent no. 7 and take a decision for appointment of the petitioner in accordance with the recommendation of the Commission in favour of the petitioner. Such exercise must be completed by the respondents within a period of six months from the date of receipt/production of a copy of this order and if the Governing Body of the College would not comply the direction of the University, steps for cancelling the affiliation of the College would be taken by the 5 University. . It goes without saying that any final decision taken by the University would of course be amenable to the jurisdiction of Hon’ble Chancellor under Section 9(4) of the Bihar State Universities Act inasmuch as he is the final authority of the University and has full power to examine any decision of the University. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)