The Jharkhand High Court has dismissed a writ petition seeking appointment as a Lecturer in Physics at J.M. College, Bhurkunda, ruling that no illegality or violation of reservation policy occurred in the selection process. Justice Sanjay Kumar Dwivedi emphasised that equity strongly favoured lecturers who have already served for over 25 years.
The petitioner had challenged the Bihar College Service Commission’s 2000 recommendation, alleging that his non-appointment was arbitrary and contrary to reservation norms. He argued that despite being recommended for appointment, college authorities failed to act, while another candidate was appointed instead.
However, the court found that the disputed appointment related to a single advertised post, for which reservation rules were not applicable. It further noted that the petitioner had not applied under the specific advertisement governing that post, whereas the appointed lecturer had been duly selected and confirmed, and had continued in service for more than two decades.
Observing that it will be unjust for this court to now direct to take a U-Turn in view of the prayer of the petitioner and non-suit the candidates who are working for sufficiently long time, i.e. 25 years, the court held that judicial interference at this stage would be inequitable. Consequently, the Court dismissed the petition.
Appearances
For the Petitioner: Mr. Afaque Ahmed, Advocate and Mr. Sharabil Ahmed, Advocate.
For the State of Bihar: Mr. S.P. Roy, Advocate.
For the Intervenor: Mr. K.K. Singh, Advocate.
