IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.559 of 2001 RAJENDRA PRASAD GUPTA, S/O Late Dev Nandan Prasad Gupta, resident of village-Belokhra, P.S. Pipra, District-Supaul…………Petitioner -Versus- 1. THE STATE OF BIHAR through the Secretary, Higher Education, Govt. of Bihar, New Secretariat, Patna, Bihar 2. The College Service Commission through its Chairman, Boring Canal Road, Patna. 3. The Chairman, College Service Commission Boring Road, Patna. 4. Magadh University through its Registrar, Bodh Gaya, Gaya 5. The Vice Chancellor ,Magadh University , Bodh-Gaya, Gaya. 6. The Governing Body, Ram Lakhan Singh Yadav College, Anisabad, Patna through its Secretary 7. The Principal, Ram Lakhan Singh Yadav College, Anisabad, Patna 8. The chancellor of universities of Bihar through office-on-special Duty (Judicial) ……………………………..Respondents. ----------- 4. 10.02.2009 Heard learned counsel for the petitioner, the state and the counsel appearing for the intervener, respondents No. 6 & 7. The Governing Body of the college has chosen not to appear in spite of service of notice. This application has been filed by the petitioner for a direction to the respondents to consider his case for appointment on the post of lecturer in pursuance of the recommendation of the College Service Commission. The petitioner in response to the advertisement published by the College Service Commission in the year, 1994 applied for his appointment on the post of lecturer in the department of Chemistry. The petitioner is M.Sc. in chemistry with P.H.Ed. Degree. In pursuance to the advertisement No. 1108 of 1994, he appeared for interview and he was recommended for 2 appointment in Ram Lakhan Singh Yadav College, Anisabad, Patna.. The recommendations were made against three sanctioned posts in the department of chemistry by the College Service Commission. Against first post, name of one, Ramashish Singh was recommended. So far petitioner is concerned; his name was recommended against the third post. Counter affidavit has been filed on behalf of the university stating that since the matter relates to the appointment of lecturer in the affiliated college, as such, the university has little role to play. It is the Governing Body of the college who has to act in compliance of the recommendation made by the College Service Commission. Once the name of the petitioner was recommended to the Governing Body of Ram Lakhan Singh Yadav College, Anisabad, Patna, then the consideration should have been made by the Governing Body for appointment. Counsel for the petitioner submits that still there is vacancy in the college against the post of lecturer in chemistry department. Considering the facts and also that no one is appearing on behalf of the Governing Body, this matter is being disposed of with a direction to the Governing Body of Ram Lakhan Singh Yadav College, Anisabad, Patna to pass an order in the light of recommendation made by the College Service Commission in favour of the petitioner for his appointment 3 against the sanctioned post of lecturer in the Department of Chemistry. The order must be passed by the Governing Body in this regard within four weeks from the date of production/communication of the order. This writ application is, accordingly, disposed of. AKV/ ( Mridula Mishra, J )