IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15908 of 2006 MADHURENDRA, SON OF SRI J.N. SAH, RESIDENT OF VILLAGE – DEVIPUR, P.O. NANDLALPUR, P.S. KAHALGAON, DISTRICT – BHAGALPUR. Versus 1. RAJENDRA AGRICULTURE.UNIVERSITY THROUGH ITS REGISTRAR HAVING OFFICE AT PUSA, SAMASTIPUR. 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. THE DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURE UNIVERSITY OFFICE AT PUSA, SAMASTIPUR. 4. MRS. KIRAN DAUGHTER OF RAJENDRA MISTRI AND WIFE OF AKAYANAND AN OFFICER OF ALLIED CIVIL SERVICES C/O DR. S.P. SINGH, 2/4 PROJECT HOSTEL, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 5. THE DEAN, BASIC SCIENCE, RAJENDRA AGRICULTURE UNIVERSITY OFFICE AT PUSA, SAMASTIPUR. With CWJC No.14691 of 2007 OM NARAYAN SHARMA, S/O LATE SHREE NIWASH SHARMA, RESIDENT OF VILLAGE & P.O.- MOHAMMADPUR, P.S. BIKRAM, DISTRICT – PATNA. Versus 1. THE RAJENDRA AGRICULTURE.UNIVERSITY, THROUGH ITS REGISTRAR HAVING OFFICE AT PUSA, SAMASTIPUR. 2. THE VICE-CHANCELLOR, RAU PUSA, SAMASTIPUR. 3. THE REGISTRAR, RAU, PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, RAU, PUSA, SAMASTIPUR. 5. MRS. NIDHI W/O NAME NOT KNOWN TO THE PETITIONER, ASSISTANT PROFESSOR –CUM- JUNIOR SCIENTIST IN THE DEPARTMENT OF STATISTICS, MATHEMATICES AND COMPUTER APPLICATION IN THE FACULTY OF BASIC SCIENCE AND HUMANITIES, RAU, PUSA. With CWJC No.16187 of 2007 MANOJ KUMAR, AGED ABOUT 39 YEARS, SON OF SRI NAND KISHORE THAKUR, RESIDENT OF VILLAGE GORGAWA, P.S. KUNDWA CHAINPUR, DISTRICT EAST CHAMPARAN. Versus 1. RAJENDRA AGRICULTURE.UNIVERSITY THROUGH ITS REGISTRAR, PUSA, SAMASTIPUR. 2. VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 3. RECRUITMENT OFFICER, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 4. ASSISTANT DIRECTOR (RECRUITMENT), RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 5. SATISH KUMAR SINGH, SON OF SRI SANTOSH KUMAR SINGH, AT PRESENT POSTED AS JUNIOR SCIENTIST –CUM- ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING), AT AICRP SEED TECHNOLOGY, TCA, DHOLI, MUZAFFARPUR. 6. UMESH KUMAR SINGH, SON OF LATE BRIJ NANDA SINGH, AT PRESENT POSTED AS JUNIOR SCIENTIST –CUM- ASSISTANT PROFESSOR, FACULTY - 2 - OF AGRICULTURE (PLANT BREEDING), AT AICRP SUN FLOWER, TCA, DHOLI, MUZAFFARPUR. 7. MRS. ABHA MISHRA, DAUGHTER OF SRI SADANAND JHA, AT PRESENT POSTED AS JUNIOR SCIENTIST –CUM- ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING) AT P.G. DEPARTMENT, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 8. DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. With CWJC No.709 of 2007 TRIBHUWAN NARAYAN SINGH, S/O LATE SUKHDEO PRASAD MEHTA, R/O VILLAGE KHAWA CHANDRA TOLA, P.S. MEDNI CHAWKI, DISTRICT – LAKHESARAI. Versus 1. THE STATE OF BIHAR THROUGH.THE SECRETARY, HUMAN RESOURCE DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA. 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY BIHAR, PUSA (SAMASTIPUR). 3. THE DIRECTOR (ADMINISTRATION), RAJENDRA AGRICULTURE UNIVERSITY, BIHAR, PUSA (SAMASTIPUR). 4. OFFICER-INCHARGE RECRIUTMENT, RAJENDRA AGRICULTURE UNIVERSITY BIHAR, PUSA (SAMASTIPUR). 5. ANIMESH SIL, S/O RAMESH CHANDRA SIL, R/O NEW TOWN ROAD, UDAYAPUR, P.O. R.K. PUR, DISTRICT – SOUTH TRIPURA (TRIPURA), PRESENTLY RESIDING ACT THE CAMPUS OF RAJENDRA AGRICULTURE UNIVERSITY BIHAR, PUSA, P.O. & P.S. – PUSA, DISTRICT – SAMASTIPUR (BIHAR). With CWJC No.2058 of 2008 JANMEJAY KUMAR, SON OF SRI AYODHYA PASWAN, RESIDENT OF VILLAGE – HARNAUT (AMBEDKAR NAGAR), POST OFFICE AND POLICE STATION – HARNAUT, DISTRICT – NALANDA. Versus 1. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA SAMASTIPUR THROUGH ITS REGISTRAR HAVING ITS OFFICE AT PUSA, SAMASTIPUR. 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 3. THE DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 4. THE OFFICER-IN-CHARGE (RECRUITMENT), RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 5. SRI SANDEEP KUMAR, SON OF SRI RAM BILASH PRASAD, ASSISANT PROFESSOR-CUM-JUNIOR SCIENTIST, REGIONAL RESEARCH STATION, AGWANPUR, SAHARSA. With CWJC No.2929 of 2007 DR.MUNESHWAR PRASAD MANDAL, SON OF LATE SHYAMA CHARAN MANDAL, RESIDENT OF VILLAGE – MAHADA, P.O. BAMDEO, VIA- RAJOUN, P.S. RAJOUN, DISTRICT – BANKA, AT PRESENT WORKING AS - 3 - RESEARCH ASSOCIATE, DEPARTMENT OF FORESTRY, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, DISTRICT – SAMASTIPUR. Versus 1. THE STATE OF BIHAR. 2. THE AGRICULTURAL PRODUCTION COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 3. THE CHANCELLOR, UNIVERSITIES OF BIHAR (RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR), RAJ BHAVAN, PATNA. 4. THE RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR THROUGH ITS REGISTRAR. 5. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 6. THE REGISTRAR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 7. THE DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 8. THE DEAN OF FACULTY OF BASIC SCIENCES AND HUMANITIES, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 9. THE OFFICER-IN-CHARGE (RECRUITMENT), RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. With CWJC No.2977 of 2007 DR.SHANKAR SHARMA, SON OF SRI SHYAMA SHARMA, RESIDENT OF VILLAGE – WEESUNPURA, P.O. – HASSANPURA, P.S. – HASSANPURA (M.H.NAGAR), DISTRICT – SIWAN, AT PRESENT RESIDING AT TEACHERS’ COLONY POOSA, DISTRICT – SAMASTIPUR. Versus 1. THE STATE OF BIHAR. 2. THE AGRICULTURAL PRODUCTION COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 3. THE CHANCELLOR, UNIVERSITIES OF BIHAR (RAJENDRA AGRICULTURAL UNIVERSITY, POOSA, SAMASTIPUR), RAJ BHAVAN, PATNA. 4. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR THROUGH ITS REGISTRAR. 5. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 6. THE REGISTRAR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 7. THE DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 8. THE DEAN OF FACULTY OF BASIC SCIENCES AND HUMANITIES, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 9. THE OFFICER-IN-CHARGE (RECRUITMENT), RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 10. SHRI SHAILESH KUMAR, SON OF (NOT KNOWN TO THE PETITIONER), AT PRESENT WORKING AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, DEPARTMENT OF BOTANY AND PLANT PHYSIOLOGY, - 4 - FACULTY OF BASIC SCIENCES AND HUMANITIES, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, POOSA, SAMASTIPUR. 11. MRS. KAVITA WIFE OF (NOT KNOWN TO THE PETITIONER), AT PRESENT WORKING AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, DISTRICT – MUZAFFAPUR. With CWJC No.2278 of 2008 ANIL KUMAR, AGED ABOUT 38 YEARS, SON OF SRI MURLIDHAR SINGH, RESIDENT OF MOHALLA BRAHAMPURA, P.S. BRAHAMPURA, DISTRICT – MUZAFFARPUR, AT PRESENT WORKING AS TECHNICAL ASSISTANT, AICRP, BREEDER SEED PRODUCTION, TIRHUT COLLEGE OF AGRICULTURE, DHOLI, MUZAFFARPUR. Versus 1. RAJENDRA AGRICULTURE.UNIVERSITY THROUGH ITS REGISTRAR, PUSA, SAMASTIPUR. 2. CHANCELLOR OF UNIVERSITIES, BIHAR, PATNA. 3. VICE CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 4. RECRUITMENT OFFICER, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 5. ASSISTANT DIRECTOR (RECRUITMENT), RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 6. UMESH KUMAR SINGH, SON OF LATE BRIJNANDAN SINGH, AT PRESENT POSTED AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING), AT AICRP SUNFLOWER, TCA, DHOLI, MUZAFFARPUR. 7. MRS. ABHA MISHRA, DAUGHTER OF SRI SADANAND JHA, AT PRESENT POSTED AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING), P.G. DEPARTMENT, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. With CWJC No.2533 of 2008 DR.ANAND KUMAR, S/O DR. DARBESWAR SINGH, A RESIDENT OF MOHALLA – YADAV NAGAR, BHAGAWANPUR, P.S. SADAR, P.O. BHAGAWANPUR, DISTRICT – MUZAFFARPUR. Versus 1. THE RAJENDRA AGRICULTURAL.UNIVERSITY THROUGH ITS REGISTRAR HAVING OFFICE AT PUSA, SAMASTIPUR. 2. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR. 3. THE DIRECTOR ADMINISTRATION, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. 4. THE DEAN FACULTY OF AGRICULTURE, RAU, PUSA. 5. THE SELECTION COMMITTEE, RAU, THROUGH ITS CHAIRMAN CUM VICE CHANCELLOR, RAU, PUSA, SAMASTIPUR. 6. ASHISH NARAYAN SINGH S/O DR. A.D. NARAYAN. 7. NILANJAY KUMAR S/L DR. V.K. CHOUDHARY 8. SATISH KUMAR SINGH S/O SANOTH KUMAR SINGH 9. UMESH KUMAR SINGH S/O LATE BRIJNANDAN SINGH 10. ABHA MISHRA D/O SRI S.N. JHA. - 5 - 11. RAVI KANT D/O SRI BINDESHWAR PRASAD. SL. NO. 6 TO 11 ARE JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR IN THE DEPARTMENT OF PLANT BREEDING IN AGRICULTURE FACULTY, RAJENDRA AGRICULTURE UNIVERSITY, PUSA, SAMASTIPUR. With CWJC No.737 of 2008 DR.AJAY KUMAR SHARMA, S/O SHREE DEO MANGAL SHARMA, RESIDENT OF VILLAGE – HANUMAN NAGAR, P.S. DHAKA, DISTRICT – EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR. 2. RAJENDRA AGRICULTURE UNIVERSITY, BIHAR, PUSA, SAMASTIPUR THROUGH ITS REGISTRAR. 3. VICE-CHANCELLOR, RAU, BIHAR, PUSA, SAMASTIPUR. 4. DR. BISHNU DEO SINGH S/O LATE MUNILAL SINGH, RESIDENT OF VILLAGE – MADHURAPUR, VIA – KAHALGAON, DISTRICT – BHAGALPUR. 5. ASSISTANT DIRECTOR (RECRUITMENT), RAJENDRA AGRICULTURE UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. With CWJC No.17508 of 2009 SANJEET KUMAR CHOURASIA S/O SRI RAMADHAR PRASAD CHOURASIA R/O VILL.- BIJHRAULI, P.S.- TISIAUTA, DISTT.- VAISHALI, AT PRESENT WORKING ASA SUPPORTING TECHNICAL WORKER IN ALL INDIA NETWORKING PROJECT, BIO-FERTILIZER, DEPARTMENT OF MICRO-BIOLOGY, FACULTY OF BASIC SCIENCE AND HUMANITIES, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA (SAMASTIPUR), P.S.- PUSA, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURE PRODUCTION COMMISSIONER DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, PATNA 1. THE SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATION, GOVT. OF BIHAR, PATNA 2. THE CHANCELLOR, UNIVERSITIES OF BIHAR RAJENDRA AGRICULTURAL UNIVERSITY, PUSA (SAMASTIPUR), RAJ BHAWAN, PATNA 3. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR PUSA, SAMASTIPUR THROUGH ITS REGISTRAR, RAJENDRA AGRICULTURAL UNIVERSITY, PUSA, SAMASTIPUR 4. THE VICE CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 5. THE DIRECTOR, ADMINISTRATION RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 6. THE ASSISTANT DIRECTOR (RECRUITMENT) RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 7. THE DEAN OF FACULTY OF BASIC SCIENCES AND HUMANITIES RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 8. THE OFFICER INCHARGE (RECRUITMENT) RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR With CWJC No.7585 of 2008 - 6 - RANJU KUMARI, WIFE OF SRI ANIL KUMAR SINGH, RESIDENT OF AT AND P.O. SHERPUR, P.S. VIDYAPATI NAGAR, DISTRICT – SAMASTIPUR. Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURAL PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, PATNA. 2. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR THROUGH ITS REGISTRAR HAVING OFFICE AT PUSA, SAMASTIPUR. 3. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 4. THE DIRECTOR, ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 5. THE OFFICER-IN-CHARGE (RECRUITMENT) RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 6. ASSISTANT DIRECTOR (RECRUITMENT) RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. 7. SRI SATISH KUMAR SINGH SON OF SRI SANTOSH KUMAR SINGH PRESENT WORKING AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING) AT AICRP SEED TECHNOLOGY, TCA, DHOLI, MUZAFFARPUR. 8. SRI UMESH KUMAR SINGH SON OF DR. BRIJNANDAN SINGH AT PRESENT WORKING AS JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR FACULTY OF AGRICULTURE (PLANT BREEDING) AICRP SUN FLOWER, TCA DHOLI, MUZAFFARPUR. 9. SMT. ABHA MISHRA D/O DR. S.N. JHA, AT PRESENT WORKING JUNIOR SCIENTIST CUM ASSISTANT PROFESSOR, FACULTY OF AGRICULTURE (PLANT BREEDING) PG DEPARTMENT, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR. FOR THE PETITIONERS: - MR. A.B. OJHA, MR. SHRINIVASH JHA, ADVOCATES (IN CWJC NOS. 15908 OF 2006, 14691 OF 2007 AND 2533 OF 2008), MR. ARJUN KUMAR & MR. ALOK KUMAR, ADVOCATES (IN CWJC NO. 709 OF 2007). FOR THE RESPONDENTS: - MR. R.K. GIRI AND MR. KINKAR KUMAR, ADVOCATES (FOR RESPONDENT NO. 4 IN CWJC NO. 15908 OF 2006), MR. Y.V. GIRI, SR. ADV & MR. S.K. GIRI, ADV (FOR RESPONDENT NO. 5 IN CWJC NO. 709 OF 2007), MR. VIVEKANAND KUMAR & MR. DHIRENDRA KUMAR SINGH, ADVOCATES (FOR RESPONDENT NO. 6 IN CWJC NO. 2533 OF 2008), MR. RAMBISHUN PRASAD, ADV. (FOR RESPONDENT NO. 11 IN CWJC NO. 2533 OF 2008), MR. SANJEEV KUMAR, ADVOCATE (FOR RESPONDENT NO. 8 IN CWJC NO. 2533 OF 2008), MR. MUKESHWAR DAYA & MR. VIKASH MOHAN, ADVOCATES (IN CWJC NO. 14691 OF 2007 FOR RAJENDRA AGRICULTURE UNIVERSITY: - MR. D.K. SINHA, MR. ANIL KUMAR UPADHYAY, CHANDA MOHAN SINGH, MR. PRAKASH MAHTO, MR. SAMIR KUMAR SINHA, MR. DEVENDRA KUMAR SINHA, SR. ADV, MR. RAJ KISHORE PRASAD NO.1. ----------- - 7 - O R D E R 08/ 03 .08.2010 In order to fill vacancies of different categories in different faculties, Rajendra Agriculture University invited applications through Advertisement No. 01 of 2004. Appointments could not be made in pursuance of this advertisement as such corrigendum was published and Advertisement No. 03 of 2004 was also published. Despite this fact, appointment process could not be completed, as such same posts were advertised through Advertisement No. 01 of 2006. Candidates who have already applied in response to earlier advertisement were not to apply unless they wanted to furnish additional certificates of qualification, acquired in between publication of earlier advertisement and Advertisement No. 01 of 2006. Fresh applications in such cases have to file with fee. Candidates applying against reserved category post had to furnish caste and domicile certificate issued by the competent authority. Requisite qualifications for these posts, as mentioned in the advertisement, was good academic record with at least 55% marks in the relevant subject, from any Indian University or equivalent degree from Foreign University. Candidates were - 8 - required to clear NET, conducted by UGC/CSIR for lecturers, but in case of candidates having two year’s teaching, research or extension education experience from any university, it was relaxed. Ph.D. degree was given preference and knowledge of computer was made desirable. Candidates, who are in service, had to sent their application through proper channel, duly forwarded by parent department, and the applications were required to reach to the office of university within a fortnight of the closing date. However, forward copy was to be sent in advance, so that it may reach before closing date. Applications received after closing date i.e. after 5.00 p.m. on 30.3.2006, were liable to be rejected. Only domicile of Bihar were to be provided the facility of reservation policy. Applications not sent along with certificates and mark sheets were liable to be rejected. Only applications, submitted in forms issued after publication of advertisement were to be accepted. Applications submitted in Photostat forms were not acceptable. Only such qualifications of candidates were to be acknowledged for selection, which they possessed at the time of submission of application. The requisite - 9 - qualification for selection was to be adhered strictly. Requisite professional degree in subject concerned had been made an essential qualification for allocating marks for specialization, it was made mandatory that fees must have been submitted prior to the date of submission of application and the teaching experience must have been obtained prior to the submission of the application. At the time of interview candidates had to bring their original certificates and mark sheets. In most of the writ applications petitioners have challenged the recommendation for appointment made by the Selection Committee on the ground that members of Selection Committee discriminated in awarding marks to the selected candidates. Such wild allegations without any corroborative material cannot be considered for unsettling the recommendation/selection made by a duly constituted Selection Committee. Specially, when constitution of the Selection Committee is not under challenge and members of Selection Committee have not been impleaded as party. CWJC No. 15908 of 2006 The writ petitioner was working as guest faculty - 10 - Bio-chemistry, in the faculty of Basic Sciences and Humanity in Rajendra Agriculture University, Pusa. Petitioner’s case is that he has a brilliant academic career in Bio-chemistry, as such on superannuation of sole teacher in Bio-chemistry, when the post was temporarily advertised for engagement as a guest faculty, he was selected in preference to Respondent No. 4 and appointed as guest faculty in the discipline of Bio-chemistry. Five posts of Junior Scientist – cum - Assistant Professor (Bio-chemistry) were advertised in the faculty of Basic Sciences and Humanity through Advertisement No. 01 of 2006. Out of 5 posts advertised, one post was to be filled from unreserved category, rest four posts from S.C., S.T., E.B.C. and B.C., one from each category. Petitioner and Respondent No. 4 both had applied for the post reserved for B.C. category. Selection of Respondent No. 4 has been assailed by the petitioner claiming him to be a superior candidate in all respect. The petitioner has assailed the selection/appointment of Respondent No. 4 claiming him to be superior candidate, who had done her graduation in Home Science and not in such subjects like Physics, - 11 - Chemistry, Botany and Zoology. She, thus did not come under Clause 7 of terms and condition of advertisement regarding requisite professional degree. Her candidature was fit to be rejected at scrutiny level itself. Respondent No. 4 worked as Senior Research Fellow, not in the Bio-chemistry but Anthology. Since post was advertised for Bio-chemistry she should not have been allotted any point for specialization, teaching and research experience. Petitioner possessed 11 research papers in Bio-chemistry, on the other hand, Respondent No. 4 did not have a subject. Respondent No. 4 was erroneously allowed benefit of reservation, though not entitled for it, being married to a Class I Officer of Central Govt. Respondent No. 4 has contradicted all these allegations. Respondent No. 4 did her M.Sc. in Bio- chemistry after graduation in Home Science, in the light of resolution of Academic Council of India dated 7.5.1991. As per this resolution a student graduating in Home Science, could do M.Sc. in Extension Education, Agriculture Economics and Bio-chemistry. Notification No. 64 dated 11.06.1991 was published in this regard, and followed by - 12 - Rajendra Agriculture University, vide Notification No. 63 dated 26.5.1997. Students admitted in the department of Extension Education, Agriculture Economics and Bio- chemistry, graduating in Home Science, were awarded degree in M.Sc. Agriculture Economics and Bio-chemistry since Academic Session 1994-96. The Respondent No. 4 also obtained her M.Sc. degree in the discipline of Bio- chemistry, and acquired requisite professional degree in Bio-chemistry. Petitioner, thus cannot claim superiority. The Respondent No. 4 has also stated that her experience as Research Fellow has rightly been considered by the Selection Committee. The Respondent No. 4 in reply to the objection of petitioner regarding benefit of reservation has submitted that in terms of memorandum dated 8.9.1993 issued by the Ministry of Personnel, Public Grievance and Pension (Department of Personal and Training) on account of her marriage with Class I officer she will not fall in the Creamy Layer, as rule of inclusion has not been made applicable in case a lady belonging to O.B.C. category, applying for a job. Counsel for Respondent No. 4, further contended that since - 13 - Respondent No. 4 and her husband both are domicile of Bihar, as such she is entitled for benefit of reservation policy of the State. This statement has been supported by the Rajendra Agriculture University in its counter affidavit. Giving reference of letter No. 246 dated 9.6.2004, counsel for the petitioner submitted that the State of Bihar, through this letter has adopted the principles incorporated in the Government of India letter dated 8.9.1993, which provides that women belonging to other backward class, married to a Class-I Officer shall be treated as Creamy Layer, in case she applies for any employment. In terms of this letter, in case of a candidates, whose mother, father, husband’s annual income from all sources is Rs.2,50,000/- or above, will be deemed to be of Creamy Layer and not be entitled for benefit of reservation. Provision incorporated in letter No. 246 dated 9.6.2004 has been implemented through Personnel Department’s letter no. 7080 dated 25.11.2008. In the given circumstance, in case of appointment for the posts advertised prior to 25.11.2008, terms and conditions mentioned in the notification relating to Creamy Layer, will not have any effect. Respondent No. 4 cannot be debarred - 14 - from getting benefit of reservation. I find, that Respondent No. 4 having good academic career fulfilled all terms and conditions as per the advertisement, and duly selected by the Selection Committee. The constitution of Selection Committee had never been challenged by this petitioner or any one. The petitioner has not been able to make out a case for quashing of the selection of Respondent No. 4. I do not find any merit in this application, it is dismissed. CWJC No. 14691 of 2007 Petitioner’s prayer is for quashing of the order no. 32/RECTI/RAU dated 19.11.2006 issued under Memo No. 593, whereby Miss Nidhi (respondent no. 5) has been appointed as Senior Scientist cum Assistant Professor (Statistics) in the department of Statistics, Math and computer application at faculty of Basic Sciences and Humanity, Pusa (Samastipur) and for a direction to appoint/absorb him against the said post, since for last seven years he has been working as guest faculty on the said post. Through Advertisement No. 01 of 2006 three posts were advertised in the discipline of Statistics. The requisite - 15 - qualification for the post of Junior Scientist-cum- Assistant Professor (Statistics) was that candidate must possess Master’s degree in Statistics with at least 55% marks from Indian University or equivalent foreign degree. Initially, the appointment of Respondent No. 5 was challenged by the petitioner on two grounds;- (1) The respondent no. 5 being product of a Conventional University did not possess professional degree in terms of Clause 7 of the Advertisement. (2) The petitioner continued for seven years as guest faculty in the respondent-university as such should have been given preference and would have been regularized. These two points were countered by respondent no. 5 as well as Rajendra Agriculture University in their counter affidavits. The respondent no. 5 claimed to possess requisite qualification in terms of Clause ‘G’ of the Advertisement No. 01 of 2006, having done B.Sc. Hons Statistics and M.Sc. Statistics from Banaras Hindu University, which is a Central University. Since the advertisement, did not debar graduation degree or master degree from other recognized - 16 - university, the claim of superiority of petitioner having obtained his Graduation and Master’s degree from Rajendra Agriculture University, Pusa is baseless. This stand of petitioner has been corroborated in the counter affidavit filed by the University. The petitioner has tried to develop his case by filing series of supplementary affidavits. In the supplementary affidavit it is stated that since respondent no. 5 has done her Graduation and Master’s degree from a Conventional University and not a Technical University, like, Rajendra Agriculture University, her selection is in violation of Clause 17(1) (20) (A) of the Statue of Rajendra Agriculture University, which peremptorily lays down that appointment on the post of Teachers/Scientists in Agriculture, Vetenary, Agriculture Engineering, Dairy, Fishery and Home Science related subjects it will be basic requirement that the candidate applying for the post to hold/possess basic professional degree at the under graduate level, which has also been accepted by the High Court while deciding the case of a candidate in CWJC No. 2752 of 2009. In reply to this the University in its supplementary - 17 - counter affidavit has stated that in Item No. 7 of the terms and conditions for Advertisement No. 01 of 2006 there is mentioning of requirement of professional degree in the subject concerned, which has been derived from Clause 17.1 note 9 of the Rajendra Agriculture University statues. Under this provision there is no mention about the Basic Sciences. The name of the post advertised through Advertisement No. 01 of 2006 is in the discipline of Statistics/Agriculture Statistics, as such the candidate of both these subjects i.e. having B.Sc. Agriculture Statistics and M.Sc. Agriculture in Statistics are equally eligible to be appointed on the post. Rajendra Agriculture University itself admits students having done B.Sc. (Statistics) and B.Sc. (Agriculture) for its Master’s degree and awards degree as M.Sc. Statistics and M.Sc. Agriculture Statistics. The Bachelor’s degree in Science is a professional degree as defined by the Board of Management of Rajendra Agriculture University in its 76th meeting. Basic professional degree at undergraduate level is requisite qualification for such candidates, who apply for the post of Junior Scientist-cum-Assistant Professor, not for the post of Senior Scientist, i.e. the post for which petitioner - 18 - and Respondent No. 5 had applied. The Respondent No. 5 was selected by a committee duly constituted under the Chairmanship of then Vice- Chancellor. The Selection Committee prepared the select list, objectively considering candidates academic qualification, experience, research publication as well as their performance in the interview. The position of respondent no. 5 was first in the selection list. There is margin of 20 marks in between the respondent no. 5 and the petitioner. Otherwise also I find that the objections, which has been raised by the petitioner subsequent to the completion of appointment process is not tenable since it was not raised at the earliest point. I do not find merit in this application, it is dismissed. CWJC No. 16187 of 2007 & 2278 of 2008 Petitioners in both the writ applications had applied for the post of Junior Scientist-cum-Assistant Professor in the discipline of Plant Breeding. Initially posts were advertised through Advertisement No. 01 of 2004. Since, process of - 19 - appointment could not be completed, as such posts were re- advertised through Advertisement No. 03 of 2004 and its corrigendum. Finally same posts were advertised through Advertisement No. 01 of 2006 on 22.2.2006. The advertisement itself stipulated that