Lalan Kumar Madhukar v. The Bihar State University Service Commission, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19704 of 2024 ====================================================== Lalan Kumar Madhukar Son of Late Kameshwar Singh, Resident of VillageNarayanpur, Post Office - Rajabigha, Police Station- Narhat, District - Nawadah presently working as Lecturer in Department of History R. Lal College, Ali Nagar, Nalanda, District- Nalanda. ... ... Petitioner/s
Versus
1.
The Bihar State University Service Commission, Patna through its Secretary having its Office at 8th Floor, Bihar School Examination Board, Academic Building, Budh Marg, Patna- 1.
2.
The Chairman, Bihar State University Service Commission, Patna having its Office at Academic Building, B.S.E.B, Budh Marg, Patna - 1. 3.
The Patliputra University through its Registrar, having its Office at Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the PPU :
Mr. Rana Vikram Singh Ms. Rasika For BSUSC :
Mr. Harsh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2025
1. Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Bihar State University Service Commission, Mr. Harsh Singh and the learned counsel appearing on behalf of the Patliputra University.
2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed seeking a direction upon the respondents specially the respondent nos. 1 and 2 to consider the claim of the petitioner for accepting the Teaching Experience Certificate
2/6 duly countersigned by the Registrar of the concerned University in pursuance of necessary Notice No. 1754 dated 14.10.2024 with respect to Advertisement No. AP-History08/2020-2021 under which during course of scrutiny of hard copy of application form of petitioner being UID No. LAL 09061976 HIS 0066115 at Serial No. 3235 under which the petitioner was directed to submit required documents which he has submitted in prescribed norms, but since Teaching Experience Certificate issued from the level of the Principal of the college was submitted along with the application form, but the same is required to be countersigned by the Registrar of the concerned University and accordingly petitioner after obtaining the Teaching Experience Certificate issued from the level of Principal of the college duly got the same countersigned by the Registrar of the University on 19.11.2024 and uploaded on the website of the Commission on 23.11.2024 and also sent through speed post on 07.12.2024, but still the case of the petitioner was not considered favourably.
3. The learned counsel appearing on behalf of the Commission submits that from perusal of the advertisement
3/6 annexed as Annexure-1 to the writ application, it would manifest that under Clause 7, the criteria for shortlisting the candidates for the post of Assistant Professor has been stipulated, as per Clause 7.2 sub-clause (6) specifically speaks of teaching/post doctoral experience being granted two marks for each year, subject to the maximum of 10 marks. It is also specifically indicated that the benefit of such experience will be given only on the basis of the certificate countersigned by the Registrar of the concerned University.
4. The learned counsel for the Commission next submits that the advertisement was issued on 21.09.2020 and last date for submitting all the relevant documents including the Teaching Experience Certificate was 10.12.2020, but then the petitioner though submitted the Teaching Experience Certificate before the cut-off date for submitting the said application, but then it was not signed by the Registrar of the university, but was issued under the signature of the Principal of the college, as such, the said Teaching Experience Certificate was not submitted in accordance with the mandate of the advertisement. It is also submitted that no doubt the commission by its necessary Notice dated 14.10.2024
4/6 (Annexure-2) contained in Notice No. 1754 had directed the candidates to submit certain documents, but then from perusal of Annexure-2, it would manifest that the documents, required to be submitted by no stretch of imagination, could be construed that the Commission even gave liberty to the petitioner to submit his Teaching Experience Certificate duly signed by the Registrar which he had not submitted earlier.
5. The learned counsel appearing on behalf of the Commission next submits that since the petitioner had not submitted his Teaching Experience Certificate as required by the advertisement prior to the last date of submission of the certificate i.e. 10.12.2020, as such, the Commission rejected the Teaching Experience Certificate which the petitioner submitted subsequently in the year 2024 as would manifest from necessary Notice dated 23.01.2025 contained in Notice No. 238 (Annexure P/5 to I.A. No. 01 of 2025).
6. The learned counsel appearing on behalf of the petitioner, though, is not in a position to rebut the submission of the learned counsel appearing on behalf of the Commission, but then submits that since the Commission rejected the Teaching Experience Certificate submitted by the
5/6 petitioner after the cut-off date by necessary Notice dated 23.01.2025 as such, the same has been challenged by filing I.A. No. 01 of 2025. The I.A. No. 01 of 2025 is allowed for consideration.
7. After hearing the learned counsel for the parties, the Court finds no merit in the writ application for the reason that it is an admitted position that petitioner did not submit the Teaching Experience Certificate duly countersigned by the Registrar prior to the last date of submission of the Teaching Experience Certificate as mandated by the advertisement nor in the writ application there is any averment that the Registrar of the concerned university was not issuing the Teaching Experience Certificate, as such, the petitioner had no option, but to submit the Teaching Experience Certificate signed by the Principal of the college nor the writ petition even remotely suggests that petitioner made any endeavours prior to 2024 to get the Teaching Experience Certificate issued under the signature of the Registrar, as such, even the petitioner was lackadaisical in his approach, as such, the submission made by the learned counsel appearing on behalf of the petitioner that the Court
6/6 should exercise its extraordinary jurisdiction for granting relief since the petitioner ultimately had submitted his Teaching Experience Certificate, is not worth considering.
8. Accordingly, the instant writ application is dismissed.
(Satyavrat Verma, J) Rishabh/- U