Petitioner's claim for appointment as Lecturer in Physics rejected due to non-application under specific advertisement; equity maintained for candidates with over 25 years of service.
In a significant judgment, the Jharkhand High Court has dismissed the writ petition filed by Arbind Sharan, challenging the appointment process for the post of Lecturer in Physics at J.M. College, Bhurkunda. The court upheld the recommendations made by the Bihar College Service Commission, emphasizing the importance of adhering to advertised terms and the equity of candidates who have been serving for over 25 years.
Presiding over the case, Justice Sanjay Kumar Dwivedi ruled that the petitioner, Arbind Sharan, could not claim appointment for the third post of Lecturer in Physics as he failed to apply under the specific advertisement (No. 1418/1994) meant for that post. The court noted that Respondent No. 4, Binod Kumar Singh, had applied under both advertisements (Nos. 24/1994 and 1418/1994) and was appropriately recommended as the first choice for the third post under advertisement No. 1418/1994.
The case revolved around the appointment of lecturers in Physics, where multiple advertisements were issued by the Bihar College Service Commission. The petitioner had applied under advertisement No. 24/1994 but did not apply under advertisement No. 1418/1994, which was specifically for the third post. Consequently, the Commission's recommendation favored Binod Kumar Singh, who had applied under both advertisements.
Justice Dwivedi highlighted the principle of equity, noting that the candidates already appointed have been working for over 25 years. Disrupting their service at this juncture would be unjust, particularly as recommendations were made based on valid advertisements and have been acted upon over the years. The court stressed that it would not be appropriate to take a U-turn and unsettle candidates who have been contributing to the education sector for such a long duration.
The judgment also touched upon procedural aspects, with notices issued to respondent Nos. 2 and 3, and their counter affidavits considered in the absence of their appearance in later proceedings. The court acknowledged the intervenor Binod Kumar Singh as a necessary party due to his appointment on the third post pursuant to the Commission's recommendation.
Despite the petitioner's qualifications and initial recommendation for the post, the court ruled that the petitioner's failure to apply under the relevant advertisement negated his claim for the third post. The ruling reinforces the importance of adhering to advertised terms in public appointment processes.
The dismissal of the writ petition maintains the status quo for the lecturers who have been in service for decades, ensuring stability and continuity in the academic environment of J.M. College, Bhurkunda.
Bottom Line:
Appointment of Lecturer in Physics - Petitioner not applying under specific advertisement for the third post - Respondent No. 4 recommended as a first choice for the third post due to valid application under the relevant advertisement - Equity in favor of candidates already working for 25 years - Writ petition dismissed.
Statutory provision(s): Advertisement Nos. 24/1994, 1418/1994
Arbind Sharan v. Bihar College Service Commission, (Jharkhand) : Law Finder Doc id # 2848853
