Prabhakar Pd Singh and Others vs The Vice Chancellor, Tilka Manjhi Bhagalpur University and Others

Ajay Kumar Tripathi, J.

The petitioners are teachers working in different subjects after due selection by the governing body of Mahadeo Singh College, Bhagalpur. They want a direction upon the respondent University to constitute a selection committee in accordance with the provisions of Section 57(B) of the Bihar State Universities Act, 1976. This is required because approval of their service is warranted in view of the changed policy of the State Government to provide funding to even affiliated Colleges. No doubt, after abolition of the College Service Commission, a vacuum had been created and things were in afflux. A decision which was required to be taken by the statutory body could not be taken and a long time elapsed before the corresponding amendment as well as a mechanism was put in place by amending the Bihar State Universities Act, 1976. By a reading of the amended provisions, the responsibility lies with the University to constitute such a committee and carry out exercise.

If there is any confusion in the mind of the University whether they have any obligation and duty to do so, the Court has only to remind them of the provisions contained in Section 59(2) of the Act which reads as under:-

"59. Relation of affiliated College with the University--The relations of the affiliated Colleges with the University shall be governed by the Statutes to be made in that behalf, and such Statutes shall provide in particular for the exercise by the University of the following powers in respect of the Colleges affiliated to the University:-

(1) xxx xxx xxx

(2) to approve the action taken by the governing bodies of such colleges in regard to creation of posts of teachers, their appointments, dismissal, discharge, removal from service, termination of service and determination of term of post and to approve the deputation of teachers to the Intermediate College delinked from the affiliated College."

Looking at the limited prayer of the petitioners and the communications already made by the governing body earlier with the University, the Vice Chancellor of Tilka Manjhi Bhagalpur University, Bhagalpur is directed to do the needful so that the matter can be expedited and problems are not created in the funding or release of fund in favour of the Institution either by the State or the University. An early decision as well as exercise is warranted in the present case. Let the exercise be completed within a period of four months from the date of receipt/production of a copy of this order.

This writ application is disposed of with the above direction.

In view of the above order, there may not be any occasion now for the Managing Committee of the College in question to act in accordance with the advertisement contained in Annexures 1 and 1/1.