Dhrub Prasad Singh vs Binoba Bhave University & Ors on 19 March, 2009

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P. (S) No. 2697 of 2007

            Dhrub Prasad Singh                   ...           Petitioner
                        Versus
            The Vice Chancellor,
            Binova Bhave University & Ors.       ...           Respondents

            CORAM :         HON'BLE MR. JUSTICE AJIT KUMAR SINHA

            For the petitioner :                 Mr. Tarun Kumar sinha
            For the respondents :                Mr. S. Choudhary
                                     ---------


7/19.03.2009

. This writ petition has been preferred for issuance of an
appropriate writ, order or direction from this Hon’ble Court
commanding upon the concerned respondents to promote the
petitioner from the post of Lecturer to the post of Principal incharge
of Langta Baba College, Mirzaganj, on the basis of seniority and
experience as per the previous service of the petitioner, while he
was joined his service as a Lecturer on November, 1987 on adhoc
basis under the Ranchi University, whereas the Junior from the
petitioner, Respondent No.5 according to previous service of
petitioner, was also joined their service on 29.10.89 with the
petitioner at Langta Baba College, Mirzaganj, has already been
promoted on the post of Principal Incharge in the aforesaid college.
He further prays for commanding upon the concerned respondent
to grant the promotion of the petitioner in the post of Principal
Incharge, as per the seniority basis, while from the date of joining
of petitioner service of the petitioner under Ranchi University.

Subsequently an Interlocutory Application No. 1112 of 2008
has been filed challenging the advertisement for the post of
Principal in Langta Baba College, without any approval of the
concerned University and the concurrence of Jharkhand Public
Service Commission and it is stated that Respondent No. 5 has
been appointed on the said post of Principal by the new Governing
Body which is on the face of it illegal, unconstitutional since the
appointment can be made only through Commission. By way of this
Interlocutory Application substantive relief has been sought for
quashing the advertisement dated 22.7.2007 and appointment of
Respondent No. 5 and the same in any case is a new cause of
action.

2.

However, after some arguments the counsel for the
petitioner seeks liberty to challenge the advertisement as well as
appointment to the post of Principal by way of a fresh writ petition.

This writ petition is accordingly disposed of with the
aforesaid liberty.

(Ajit Kumar Sinha, J.)
Fahim