Case: Gov.Body,L.P Shahi College, Patna  Vs. Seema Mishra

3. Brief facts leading to the filing of these appeals are as under: In the year 1994, the erstwhile Bihar College Service Commission [for short ‘thehad issued an advertisement inviting applications for the large number of teaching posts in different colleges of undivided Bihar including two posts in the Department of Labour and Social Welfare of theRespondent No. 1 had submitted her application on one of the posts advertised for teaching in the Department of Labour and Social Welfare. The erstwhile Commission recommended two names viz., Dr. Siyaram Sharmaand Smt. SeemaMishra against the two advertised posts of lecturers in the Labour and Social Welfare Department in theAccording to the appellants, two persons viz., Dr. Siyaram Sharmaand Smt. SeemaMishra had been recommended against one post and in exercise of its right under Section 2(10) of Bihar College Service Commission Act, 1976 (for short ‘thege appointed Dr. Siyaram Sharma and respondent No.1 was denied appointment. Being aggrieved by the denial of appointment, respondent No.1 filed a Writ Petition bearing No. 8004 of 2000 before the High Court.5. The learned Single Judge held that the Commission intended to recommend the two names against two posts, but the aforesaid letter of recommendation was inartistically worded. The learned Single Judge directed that the first respondent be appointed to the second post of Lecturer in the Department of Labour and Social Welfare with effect from the date when Dr. Siyaram Sharma had joined the post, with notional benefits. It was further directed that the first respondent shall not be entitled to the arrears of salary or any other monetary benefits till she joins the post; however she will be entitled to the raised salary with added increments which would have fallen due to her from the date Dr. Siyaram Sharma joined till the date she joins. Aggrieved by the order of the learned Single Judge, thewent before the Division Bench of the High Court by way ofappeal. The Division Bench upholding the order of the Learned Single Judge, held that the Commission had violated the provision of(9) of Section 2 of the Act and had failed in its duty in not recommending the names of persons for the second post which was advertised and was available. The Division Bench, inter alia, affirmed the other directions of the Single Judge.

Reasoning:
14. Under Section 2(10) of the Act, the Governing Body of the College shall select for appointment from the names recommended by the Commission. Thus, the Governing Body has the right to select the candidates in the order of preference. But since two posts were available, the Commission ought to have recommended two plus two candidates. The High Court rightly observed that the Commission had violated the mandatory provision of Section 2(9). Since there was violation of the statutory provisions by the secondand going by the submission made on behalf of the Commission before the High Court, the name of the first respondent is to be considered for the second post available. She should not be made to suffer injustice for no fault of her own.15. The firstShahi College of Labour and Social Welfare, Dr. Ramdeo Prasad Sharma (appellant in the connected matter i.e. in the appeal arising out of SLP (C) No. 978 of 2012) has already been working temporarily in the Department of Labour and Social Welfare. Even though the said Ramdeo Prasad Sharma applied for the post, his name was not recommended. Be it noted that the said Dr. Ramdeo Prasad Sharma has not challenged hisby the Commission. In violation of Section 57A of the Bihar State Universities Act, appellant College continued Dr. Ramdeo Prasad Sharma in the said post which is in violation of the provisions of Bihar State Universities Act. Continuance of Ramdeo Prasad Sharma in the post was improper, arbitrary and in disregard of the statutory provisions. ThePrasad Sharma is said to have retired at the age of superannuation in January, 2016 and that post in the Department of Labour and Social Welfare is presently vacant.16. Since there was violation of Section 2 (9) of the Bihar College Service Commission Act, 1976 and that of Section 57A of Bihar State Universities Act, the High Court has rightly allowed the writ petition filed by the first respondent, inter alia, issuing directions as stated above. We do not find any reason warranting interference with impugned judgment.