Dr. Nawal Kishore Sharma v. Rajendra Agricultural University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11905 of 2014 ====================================================== Dr. Nawal Kishore Sharma, son of Sri Ram Bilas Thakur, resident of Ward No. 12, Mohalla Kashipur, P.S. + Town - District- Samastipur ... ... Petitioner/s

Versus

1. Rajendra Agricultural University, PUSA, Samastipur- 848125 through the Registrar

2. The Vice-Chancellor, Rajendra Agricultural University, PUSA, Samastipur848125

3. The Registrar, Rajendra Agricultural University, PUSA, Samastipur- 848125

4. The Officer-in-Charge, Recruitment, Rajendra Agricultural University, PUSA, Samastipur- 848125

5. Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur848125 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate Mr. Patanjali Rishi, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 21-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University. In the present writ petition the petitioner has challenged the action of the respondents in inviting application for reserve category solitary post of University Professor-cum Chief Scientist in different disciplines.

Learned counsel for the petitioner submits that the respondents cannot reserve the solitary post for reserve category and as such the action is contrary to the law laid down in Chakardhar Paswan's case which was subsequently approved by

Patna High Court CWJC No.11905 of 2014 dt.21-06-2018 2/2 the Constitution Bench of the Apex Court in PGI, of Medical Education vs. Faculty Association (1998)4 SCC 1. The advertisement was published in 2014. We are in 2018 and as such the Court is not in a position to decide the present writ application and interfere with the selection process after four years as neither the petitioner nor the counsel for the University is in a position to assist the Court on the point whether the selection process has led to appointment or not. In the event the appointment was made following the selection process, contained in Annexure-2 then liberty shall be available to the petitioner to file fresh writ petition challenging such appointment by impleading the persons who have been recommended and appointed pursuant thereto.

With the aforesaid liberty, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2018 Transmission Date