Nawal Kishor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10248 of 2020 ====================================================== Nawal Kishor Son of Saryug Mahto Resident of Village- Kothbanna, Post Office- Badarbanna, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Chancellor of Bihar Patna.

3.

The Vice- Chancellor Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Registrar Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 28-04-2022 Heard the parties.

This matter comes up from yesterday. Hence, the counsel for the petitioner wanted time. Today he is not present. A pointed query was raised with him yesterday that if he has not been selected in interview, he should give out reasons as to how his claim for appointment can be made out.

Counsel for the University submits that interviews for the post of Guest Faculty Teachers in Economics subjects were conducted. 35 candidates were found eligible for the post. Out of which only 16 candidates appeared in the interview and after conducting interview 12 of them were selected finally. As per

Patna High Court CWJC No.10248 of 2020(3) dt.28-04-2022 2/2 the petitioner also, he was not fit and not selected in interview. However, he claims that since only 7 candidates joined and rest 10 posts remained vacant even though he may not have passed the interview, he should be offered appointment as a guest faculty teacher.

I have considered the submission.

Even for appointment of a guest faculty teacher, a candidate has to undergo a minimal process of being selected by way of interview at least. If the interviewing authority did not find the petitioner fit for selection as a guest faculty teacher, this Court would not invoke its jurisdiction under Article 226 and declare him to be selected and appointed on the post. It is noticed that there is no allegation of malafides against the selecting authority nor there is any illegality alleged in the process of selection.

The writ petition is misconceived and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) shahzad/- U