IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.61 of 2000 PRAMOD KUMAR, Son of Shri Lalan Prasad, resident of Sector-II B, Qr. No.1-147 p.S. BOkaro Steel City District Bokaro, Bihar. Versus 1.STATE OF BIHAR 2.The Vice Chancellor, Patna University, Patna. 3.Nazare Ahasan, the President Vice Chancellor, Patna University Patna. 4.The University Service Commission, through its Chairman, north Krishnapuri, Gokul Marg, patna. 5.Mr. Samshad Hussain, Chairman, University Service Commission, north krishnapuri, Gokul marg, patna. 6.The Registrar, Patna University, Patna. 7.Mr. Nehar Nandan Prasad Singh, President Registrar, Patna university, Patna. ----------- 10 30/3/2010 Heard Mrs. Mahasweta Chaterjee, learned counsel for the petitioner, Mr. Ajoy Kumar Sinha, learned counsel for the University as also learned A.C.20 for the State. The petitioner alleges violation of order of this Court dated 18.1.2000, operative portion whereof reads as follows:- “Sofar as the post of Principal and Lecturers of the College are concerned, the Commission is directed to make its recommendation on an early date. The University in its turn, will act on the basis of such recommendation and fill up the posts of Principal, Arts & Crafts College, Patna on regular basis by 31st March, 2000. So far as post of Lecturer, Arts & Crafts college are concerned, the recommendation must be made by April, 2000 and posts be filled up on regular basis by May, 2000.” It would thus be clear from reading of the direction that everything was dependent on the recommendation to be made by the Bihar State Universities (Constituent Colleges) Service 2 Commission. It is not in doubt that the Commission, in fact, had also recommended name for the post of Principal and the University had also made such appointment on 7.2.2000. As with regard to Lecturer, the Commission however had not submitted any recommendation and as such the University and its officials cannot be held at fault because such appointment could have been only made if the Commission had made such recommendation. It is not in doubt that the Commission has been abolished in 2007 and now power of appointment has been vested in the University itself through its Selection Committee. That being so, there would be no scope for holding now that the Commission is in contempt, muchless, the University and its officials to have violated any order of this Court. Mr. Sinha, learned counsel for the university, however, informs this Court that the University by way of fresh exercise has advertised to fill up the posts of lecturer on the temporary basis. As the order of this Court cannot remain awaiting for compliance and the power has been now vested to the University itself to take decision for making appointment all that this Court can hold is that the vacant posts of Lecturer will now be filled up by the University in terms of the present provisions made in the statutes as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)