IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5311 of 2000 DR.JYOTIRMAYEE RANJANA Versus THE BIHAR COLLEGE SERVICE COMM ----------- For the Petitioner : M/s Subhash Kishore Verma, Kumod Kumar srivastava & Krishna Kant Tiwari, Advocates For University : Mr. A. Amanullah, Advocate For the State : Mr. Anjani Kumar Sharan, SC 20 -------- 4. 27.03.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State and the learned Counsel for the Magadh University. No one appears on behalf of respondents 4 and 5, the Governing Body of Sanjay Gandhi Women’s College and the Principal of the College. None is present on behalf of the private respondent no. 6. An advertisement was published on 10.1.1990 by the Bihar College Service Commission for appointment on the post of Lecturer in the discipline of Labour & Social Welfare in Sanjay Gandhi Women’s College, Jakkanpur, an institution affiliated to the Bihar College service Commission. The Commission interviewed the petitioner and in the panel recommended the petitioner was at serial no. 1 as asserted by her from the recommendation dated 30.6.1999 at Annexure 4 and one Smt. Rinka Roy at serial no. 2. It is the case of the petitioner that she was not allowed to join in pursuance of the recommendation and on the contrary against this sanctioned advertised post respondent no. 6 was being allowed to work, when her name had not even been recommended by the Commission. 2 The writ petition was filed on 26.6.2000 well within the period of one year for which the life of the panel recommended by the Commission remains valid under Section 2 (9) of the Bihar College Service Commission Act. The College and the private respondent no. 6 have chosen not to enter appearance and oppose the application. On record is the recommendation of the Commission dated 30.6.1999. In absence of any denial to the assertion in the writ application, applying the principles of non traverse, the writ petition has to succeed. The law stands settled that if an applicant seeking relief on the panel of recommendation comes to the Court within the life of the panel, the relief cannot be denied only on the ground that validity of the panel has since expired. If an authority be needed for the purpose, reference may be made to (2000) 3 SCC 699 (State of U.P. Vrs. Ram Swaroop Saroj). The Apex Court in the relevant extract at paragraph 10 of the judgement held as follows: ’10. Similarly, the plea that a list of selected candidates for appointment to the State services remains valid for a period of one year only is primarily a question depending on facts and yet the plea was not raised before the High Court. Secondly, we find that select list was finalized in the month of November 1996 and the writ petition was filed by the respondents in the month of October 1997, i.e., before the expiry of one year from the date of the list. Merely because a period of one year has elapsed during the pendency of litigation, we cannot decline to grant the 3 relief to which the respondent has been found entitled by the High Court ….’ The petitioner is held entitled to appointment in Sanjay Gandhi Women’s College, Jakkanpur in terms of the recommendation of the Commission dated 30.6.999 on the post of Lecturer in the discipline of Social & Labour Welfare. She will be entitled to count her seniority in service from the date of the recommendation. This Court further directs that if it becomes necessary for implementing the order of this Court, should private respondent no. 6 be obstructing for implementation of the same, this Court restrains respondent no. 6 from functioning on the post of Lecturer in the discipline of Labour & Social Welfare in Sanjay Gandhi Women’s College, Jakkanpur. Respondent no. 3 is directed to ensure compliance of the order of this Court for which purpose all statutory powers including the question of deafiliation of the College will remain open for his consideration. Let the order of this Court be complied within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. Snkumar/- (Navin Sinha,J.)