IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 3997 of 2009 Dr. Dilip Kumar Verma son of Late Bhagawati Prasad Verma, resident of Mohalla-Shahganj Benta, P.O.- D.M.C. Campus, P.S. – Laheriasaria, District- Darbhanga, PIN-846003 (Bihar) ………………… Petitioner Versus 1. The State of Bihar 2. The Secretary, Department of Human Resources Development, Government of Bihar, Vikas Bhawan, Bailey Road. 3. The Director, Higher Secondary, Human Resources Development Department, Vikas Bhawan, Bailey Road, Patna 4. Chairman, Bihar School Examination Board, (Higher Secondary), Budh Marg, Patna, P.O.-G.P.O., P.S.- Kotwal, District-Patna 5. Secretary, Bihar School Examination Board (Higher Secondary), Budh Marg, Patna, P.O.-G.P.O., P.S.- Kotwali, District – Patna 6. Sri Ram Bhagat Paswan, Ex M.P., Secretary, Ram Bhagat Rajiv Gandhi Mahavidyalaya Ram Narayan Nagar, Usma Math, P.O.-Madanpur, District- Darbhanga 7. Principal, Ram Bhagat Rajiv Gandhi Mahavidyalaya Ramnarayan Nagar, Usma Math, P.O.-Madanpur, District-Darbhanga 8. Ram Vinod Paswan, Lecturer, Sociology Subject, Ram Bhagat Rajiv Gandhi Mahavidyalaya Ram Narayan Nagar, Usma Math, P.O. – Madanpur, District – Darbhanga 9. Ajay Kumar Paswan, Lecturer, Sociology subject, Ram Bhagat Rajiv Gandhi Mahavidyalaya Ramnarayan Nagar, Usma Math, P.O.-Madanpur, District – Darbhanga ………………… Respondents ---------------------------------- For the Petitioner: Mr. Vijayeshwar Prasad, Adv. For Respondent No. 7: Mr. RamBali Jha, Advocate For the Respondent No. 8: Mr. Ratan Kumar Kunwar, Adv. ********** 04. 30.08.2011 Heard learned counsel for the petitioner and the counsel appearing for Respondent No. 7, 8 and 9. No one appearing on behalf of the Bihar School 2 Examination Board. Ram Bhagat Rajiv Gandhi Mahavidyala, Ram Narayan Nagar, Usma Math, P.O.-Madanpur, District- Darbhanga was established in the year 1990 and was being managed by the Managing Committee. At the initial stage, it was an unaffiliated college, purely managed by the Managing Committee, but, subsequently, got affiliation of the Intermediate Counsel. Now, it is under control of Bihar School Examination (Higher Secondary) Board, Patna after the abolishing of Intermediate Council. An advertisement was published by the Secretary of the College, inviting applications for appointment as Lecturer in the Department of Hindi, English, Urdu, Maithili, Economics, Rural Economics, Ancient History, Sociology, Political Science, Psychology, Geography, Logic, Labour and Social Welfare, Statistics, Mathematic, Home Science, Physics, Chemistry, Biology and Geology. The minimum eligibility educational qualification for appointment as per the advertisement was 2nd division Post-Graduate degree. In each subject, two posts were advertised. Petitioner’s case is that he applied for being 3 appointed as Lecturer in the Department of Sociology, having post-graduate degree with 78 per cent marks. His interview was held on 25.11.1990 and he was selected in the interview, held on 25.11.1990 and he joined the post on 19.12.1990. Petitioner’s case is that since then, he was working against the only sanctioned post in the department of Sociology. At the relevant time, Respondent Nos. 8 and 9 did not even possess minimum requisite qualification for being appointed as Lecturer and they were working on Class-III post of Clerk and Bhandarpal. Respondent No. 8 got post-graduate degree in the year 1991 and thereafter appointed as Lecturer in Sociology in the year 1992. The Secretary of the Managing Committee, Respondent No. 6, started manipulating things after the College became the aided College. The Respondent No. 8 and Respondent No. 9 were appointed subsequently. The name of Respondent No. 8 was placed against first sanctioned post of Lecturer in Sociology. The name of Respondent No. 8 was recommended against the second post and the petitioner, who was the first appointee against sanctioned post was placed against non-sanctioned post, vide letter no. 539, dated 4 14.10.2008. On 21.01.2008, the Committee of the College has sent list of teaching and non-teaching employee to Chairman, Bihar School Examination Board (Higher Secondary), for recommending to release monetary grant to College for payment o salary to its staff. Petitioner’s prayer is for a direction to the respondents to place his name against the first sanctioned post of Lecturer, in Sociology considering his date of appointment, eligibility and qualification. I find that the prayer, made by the petitioner, should be considered by the Bihar School Examination Board, as the financial grant from the State Government will be released in favour of College on recommendation of the Bihar School Examination Board. The Bihar School Examination Board will recognize names of teaching employees of such College, which are the aided college. In case the name of Respondent Nos. 8 and 9 has wrongly been placed against the sanctioned and recommended posts, the Bihar School Examination Board can conduct an enquiry in this regard, examine connected records of the College. In case, it is found that petitioner’s name should have been recommended as 5 the first name, necessary orders in this regard be passed. This Application is accordingly disposed of. SKM (Mridula Mishra, J.)