Om Prakash Ram vs State of Bihar and Others

Amreshwar Sahay, J.—Heard the parties.

The claim of the petitioner in this writ- application is for a direction to the respondent No. 5, i.e. the Chairman of the Governing Body of the Kaluram Modi Memorial Bananchal College, Giridih, Jharkhand to appoint the petitioner on the second post of Lecturer in Commerce on the basis of the recommendation of Bihar College Service Commission dated 21.05.2001.

The respondents on the basis of Annexure-A to the counter affidavit i.e. the notification dated 10.09.2001, issued by the Government pf Jharkhand has submitted that it has been decided by the Government of Jharkhand that any recommendation made after 14.11.2000 by the Bihar Universities (Constituent Colleges) Service Commission and Bihar College Service Commission, Patna with regard to appointment shall not be taken Into consideration and shall not be recognised and, therefore, the said notification, which was made effective on and from 15.11.2000, the petitioner cannot be granted any relief as prayed for in this writ application.

Learned counsel for the respondents further submitted that this point has been settled by a judgment by a Division Bench of this Court in the case of Siddhu Kanhu University etc. Vs. Dr. Arjun Prasad Sinha and Others,

From perusal of the aforesaid judgment of the Division Bench of this Court, it appears that the Division Bench considered the said very notification of the Government of Jharkhand dated 10.09.2001 and held that in view of the order issued by the Governor, the Bihar College Service Commission could not make a valid recommendation unless the recommendation made has been received in the State of Jharkhand before 14.11.2000.

Therefore, in my view the present case is fully covered by the aforesaid decision in the case of Siddu Kanhu University (in 336) Secretary, Higher Education. Government of Jharkhand, Ranchi (supra) and, as such, it is held that the recommendation made by the College Service Commission in favour of the petitioner as contained in Annexure-4 has got no value and the petitioner cannot claim any appointment on the basis of the said recommendation.

Accordingly, I find no merit in this writ application and, thus this application is dismissed.