Ashok Kumar v. The Magadh University Bodh Gaya And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1058 of 2014 IN Civil Writ Jurisdiction Case No. 20900 of 2012 ===========================================================
1. Ashok Kumar S/o Late Ram Krit Ram History Department K.L.S. College, Nawada, Permanent Address Near Bharat Seva Saran Sangh, Swarajpuri Road, Gaya .... .... Appellant/s
Versus
1. Magadh University through Vice Chancellor, Magadh University, Bodh Gaya, Gaya.
2. Registrar, Magadh University, Bodh Gaya, Gaya.
3. Principal, K.L.S. College, Nawada.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Girijish Kumar Mr Vipin Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 08-04-2017 Heard counsel for the appellant and counsel for the University.
Any claim for salary and creating a liability on the State exchequer since no University has sources of finance available for meeting obligation can only be done in accordance with law. The appellant, who was the petitioner before the learned Single Judge, filed the writ application for a direction for payment of salary. The learned Single Judge vide order dated 30.10.2013 clearly held that if the appointment had not been done by following the
Patna High Court LPA No.1058 of 2014 dt.08-04-2017 2/2 procedure laid down under Section 57 of the Bihar State Universities Act, no contingency can create an obligation and vest power in the Principal of the College to appoint a Lecturer. The writ was rightly dismissed because no right in favour of the appellant accrues to demand salary, who has not been appointed by the competent authority.
Appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 10.4.2017 Transmission Date NA