IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9914 of 1997 1 Awadhesh Kumar Verma, Advocate, Civil Courts, Saharsa, S/o Sri Bal Krishna Das, Resident of Kayastha Tola, P.S. & District Saharsa. 2 Arun Kumar Jha, Advocate, Civil Courts, Saharsa, S/o Sri Kapileshwawr Jha, Resident of Purab Bazar, P.S. & Distt. Saharsa. -------- Petitioners Versus 1 The State of Bihar. 2 The Vice-Chancellor, B.N. Mandal University, Laloo Nagar, Madhipura, P.S. & Distt. Madhipura. 3 The Registrar, B.N. Mandal University, Laloo Nagar, Madhipura, P.S. & Distt. Madhipura. 4 Executive Members of the Syndicate through Vice-Chancellor, B.N. Mandal University, At Laloo Nagar, Madhipura, P.S. & Distt. Saharsa. 5 The Professor-in-Charge of Ravi Nandan Mishra Memorial Law College, Saharsa, P.S. & Distt. Saharsa. 6 The Chairman, University Service Commission, Patna. ------------- Respondents ----------- 6 05.08.2010 Heard Mr. T.N. Matin, learned senior counsel appearing on behalf of the petitioners and Mr. Hemandra Prasad Singh, learned counsel for the B.N. Mandal University and A.C. to S.C.19 for the State. The prayer of the petitioners in this writ application reads as follows:- “1. That by this application, the petitioners are citizens of India, pray for issuance of an appropriate writ or writs for (i) quashing the impugned order and notification of removal of the petitioners from constituent Law College-Service as part-time teacher dated 4.10.97 and 30.9.97 respectively and (ii) for their 2 reinstatement. (The impugned orders and notification are contained in Annexures 12/A, 12/B and 12/C to this writ petition.)” It has to be noted that in view of the prayer made by the petitioner in I.A. No. 2317 of 1998, this Court had passed the following interim order:- “The writ application has been filed challenging the order of termination of the petitioner as contained in Annexure-12 series and the I.A. No. 2317/98 has been filed for staying the order of termination of the petitioner. After hearing the parties, I am of the view that the order of termination cannot be stayed nor the process of selection can be stayed at this stage. However, in the peculiar facts and circumstances of the case no appointment can be made against the post earlier occupied by the petitioner. With the aforesaid observation/ direction the I.A. No. 2317/98 stands disposed of.” Once this Court would find that the two posts of part-time lecturer in the R.M.M. Law College (hereinafter to be referred to as ‘the college’) are still vacant, there would be no difficulty in directing the Vice Chancellor of the University to take steps 3 for filling up these two posts strictly in accordance with law and the statute laying down the norms of filling up the post of lecturer. This direction is being issued only because this Court is satisfied that there is infirmity in the impugned orders terminating the service of the petitioners inasmuch as the Acting In-charge Principal of a Law College had no jurisdiction to make a permanent appointment on the post of part- time lecturer in a Law College being the constituent unit of the University. In a constituent college, the power of appointment of teaching and non-teaching employees is exclusively vested in the Vice Chancellor and that too in terms of the statutes framed under the Bihar State University Act. The power of Vice Chancellor’s appointment on the post of lecturer also cannot be usurped by the In-charge Principal of the Law College in terms of Section 10 of the Bihar State University Act. The so-called ratification of the proposal by the Vice Chancellor of such appointment made by the In-charge Principal 4 on the post of the part-time lecturer can also not be upheld in law inasmuch as, Section 57 & 57A of the Bihar University Act prescribes such appointment to continue only for a period of six months. As this case has remained pending for the last thirteen years, this Court, with the consent of the parties, would dispose of this application by giving following directions:- (i) The Vice Chancellor of the B.N. Mandal University will ensure that the advertisement for the two vacant posts of part-time lecturer kept vacant in terms of the aforesaid interim order of this Court dated 13.4.1998 must be advertised within a period of two months from the date of receipt/production of a copy of this order. (ii) The Vice Chancellor, thereafter, on receipt of the applications in the next one month would constitute a Selection Committee in which there would be at least two experts on the 5 subject of law. Such interview by the Selection Committee must be concluded within a period of two months from the date of receipt of the application in terms of the aforesaid advertisement. (iii) At the time of preparation of panel, the University will be guided by its own norms of making appointment on the post of lecturer but, if, the petitioners and any other candidates is found equal in merit, the petitioners’ experience being larger by being associated on the post of part time lecturer in the college they will be given preference in the appointment. (iv) The appointment letter to the successful candidates under the order of the Vice-Chancellor in terms of the advertisement and selection must be issued within a period of one month of the submission of the merit list/panel by the Selection Committee. 6 (v) The entire aforesaid exercise leading to appointment of part time lecturers must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions, this application is disposed of. Let a copy of this order be given to Mr. Hamendra Prasad Singh, learned counsel for B.N. Mandal University for its strict compliance. Rsh (Mihir Kumar Jha, J.)