IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2687 of 1996 Anita Sinha, wife of Dr. Chandra Shekhar Verma, resident of Mohalla Kadamkuan, P.S. Kadamkuan, District Patna. ------- Petitioner Versus 1. State of Bihar. 2. The Director, Higher Education, Human Resources Development Department, State of Bihar, Patna. 3. Magadh University through the Registrar. 4. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 5. Bihar College Service Commission through its Secretary, Boring Canal Road, Patna, 800001. 6. The Principal, Ram Lakhan Singh Yadav College, Anisabad, Patna- 1. (An affiliated college to Magadh University). 7. The Secretary, Governing Body of Ram Lakhan Singh Yadav College, Anishabad, Patna. (An affiliated unit of Magadh University). 8. Sri Bhuneshwar Yadav, Lecturer in Department of Political Science, Ram Lakhan Singh Yadav College, Anishabad, Patna. ------- Respondents ----------- 9 28.6.2011 Having heard Mr. Mukundjee, learned counsel for the petitioner, and taking into account the following relief prayed by the petitioner:- “1. That this is an application in writ jurisdiction under Article 226 and 227 of the Constitution of Indian for issuance of direction to the respondents to accord joining to the petitioner in term of the recommendation of College Service Commission hereinafter referred as Commission, vide letter no.23/C1 Bihar Service Commission dated 11.5.1990 in term of Advertisement no.87/87 with retrospective effect as well as for direction to the respondent to accord permission to the petitioner to face the interview 2 in the particular faculty to face the interview in the particular faculty for the appointment as lecturer in the constituent unit of colleges following by the Universities of State of Bihar on the basis of completion of one year service on 19.9.91 as notified by the Bihar State University (Constituent Colleges) Service Commission Patna.” this Court would find it difficult to give a direction for appointment of the petitioner on the basis of recommendation of the College Service Commission, which had already lost its life on expiry of the period of one year. Under the College Service Commission Act, the validity of such recommendation, made by the Commission for appointment on the post of Lecturer in an affiliated college, is only one year. Admittedly, such a recommendation was made in favour of the petitioner on 11.5.1990 and had lost its life on 10.5.1991. Thus, no writ of mandamus could be issued by this Court after expiry of the life of such recommendation specially when the college, in question, also is an affiliated college, which is not amenable to writ jurisdiction being not an authority within the meaning of 3 Article 12 of the Constitution of India. Mr. Mukundjee, learned counsel for the petitioner, would however, submit that it would be a travesty of justice if the petitioner, being a duly recommended candidate by the Commission for the post of Lecturer, had been left in lurch by the college, whereas, the respondent no.8 has been appointed and allowed to continue in the college without there being any recommendation of the College Service Commission in his favour in teeth of provisions under Section 57A of the Bihar State University Act. Though this Court would not be in a position to examine this aspect on account of subsequent events, which may have taken place in between 1996 and till date but, then, if the petitioner finds that the respondent no.8 is still continuing on the post of Lecturer in Political Science in the college, in question, Ram Lakhan Singh Yadav College, Anishabad, without there being any recommendation in his favour by the competent authority/commission, he will have the 4 liberty to question the same by filing a representation before the Secretary to the committee and/or before the Vice Chancellor of the Magadh University who then would look into the aspect in keeping with the power vested in it under Section 59 of the Bihar State University Act. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)