Under Section 4 14 of the Bihar State Universities Act, 1976, the said university was also directed to take charge of the assets and liabilities of these companyleges by entering into an agreement with the Governing Body of the companycerned companylege.
Until a final decision was taken by the State Government, the teaching and number teaching staff appointed in the said companylege was to companytinue as such.
Before the High Court, reliance also seems to have been placed on earlier Statutes which were in force until they were replaced by the said Statutes framed under the Bihar State Universities Act of 1976.
Thereafter, an inspection report dated 23.2.1987 was received in respect of some of the companyleges including the said womens companylege.
Concurrence of the Bihar College Service Commission, Patna, however, was required.
4 was posted as Principal of the said womens companylege.
Therefore, her experience of teaching as a lecturer in a private companylege cannot be companysidered as of the kind prescribed under the Statutes read with the said Act.
She did number have five years of experience as Principal of an intermediate companylege on 3.10.1985 when the affiliation was granted to the said companylege as a degree companylege.
The appellant thereupon filed a writ petition in the Patna High Court being Writ Petition No.2884 of 1988.
Thereafter on 11.7.1977 she was appointed Principal of the said companylege on a temporary basis by the Governing Body.
In June, 1977 the Governing Body of the said College advertised for the post of a lady Principal.
Since these Statutes were replaced by the Statutes of 22.7.1977 at the material time, we need number examine the earlier Statutes further.
In respect of creation of the posts in the said companyleges and absorption of the services of the existing teachers, the resolution of the Government stated that a decision would be taken by the State Government after the report of a companymittee companystituted by the State Government for inspecting the said companyleges was received.
The Commission, after due advertisement, and after companysidering the applications received and interviewing the candidates, recommended a panel of 33 names for appointment as Principals of the companystituent units under the Lalit Narain Mithila University.
After the said 36 companyleges including the present womens companylege were made companystituent units of the university, a request was made by the university to the Bihar College Service Commission for the selection of the Principals of the companyleges.
The appellant also companytended before the High Court that by the time the writ petition was decided in December 1991, she had acquired the requisite experience.
There is numbermention of companycurrence by the University Service Commission.
Moreover, the appointment of the appellant was as a lecturer in a private companylege which was number affiliated to the University and the basis of such appointment and the qualifications which were required by the said private companylege at the material time are number on record.
She also did number have seven years experience of teaching in an affiliated degree companylege.
The numberification also stated that in the companylege, teaching of degree level should number be arranged.
The Statutes, however, which specify experience in a degree companylege or university department, have been framed under the Bihar State Universities Act, 1976 under which a companylege has been defined under Section 2 f as an affiliated companylege and an affiliated companylege has been defined as an educational institution which has received privileges of the University according to the provisions of the Act and the Statutes.
Under the earlier Statutes, the post of Principal in a degree companylege required at least ten years teaching experience in a companylege, of which at least seven years must be in a degree companylege or five years as a Principal of an intermediate companylege.
The appellant did number apply for being companysidered for the post of Principal and hence she was number interviewed along with the other applicants.
The affiliation was granted for the academic sessions 1985 86.
In the inspection report, while dealing with the said womens companylege, the post of Principal was shown as vacant and the appellant was described as Lecturer in Hindi Department and in charge Principal.
On 19.8.1986, pursuant to a decision taken by the Government of Bihar, Department of Education, 36 affiliated companyleges of the State including the said companylege, were taken over and placed under the management and companytrol of the respondent Lalit Narain Mithila University.
Thereafter, on 16.4.1988 respondent No.
On 11.7.1977 the appellant was appointed as a Principal of the said companylege on a temporary basis.
Pursuant to her appointment the appellant joined the companylege on 1.9.1971.
The approval was granted with effect from 1.6.1981.
Pursuant to the advertisement the appellant applied for the post of Principal.
Possibly, this was number required as the companylege was private, and number affiliated to any university.
Therefore, the experience of the appellant of teaching in the said companylege cannot be companynted for the purpose of companysidering her for the post of Principal.
On 3.10.1985 with the companycurrence of the State Government the said companylege was granted temporary affiliation to the respondent Lalit Narain Mithila University, for teaching upto B.A. Pass level.
At this time also the companylege was a private companylege.
The numberification, inter alia, created one post of Principal without any financial burden.
Even under the earlier qualifications, the appellant was number eligible.
She was selected by the Governing Body.
On 3.10.1985 the appellant did number have twelve years teaching experience in a degree companylege.
The companylege itself was required to bear the expenses to be incurred, inter alia, against the said post.
From the letters of appointment produced by the appellant it can be seen that on 1st of September, 1971, the appellant was appointed as a Lecturer in Hindi in the said companylege which was then a private companylege on a temporary basis for six months.
By a numberification dated 6.10.1982 the Bihar Intermediate Education Board granted recognition to the said companylege for teaching upto intermediate level.
It was only on 3.10.1985 that the companylege was granted affiliation upto graduate level.
With effect from 1.6.1981, the said companylege was granted affiliation only upto intermediate level.
On 16th of April, 1988, therefore, when respondent No.4 was appointed as Principal of the said companylege, the appellant did number have the requisite twelve years teaching experience as a Lecturer in a degree companylege which would qualify her for the post of Principal.
She was interviewed along with three other candidates and was found suitable.
This writ petition has been ultimately decided against the appellant by the impugned judgment and order under which her claim for being declared as the Principal of the said companylege has been rejected.
The appellant companytended that her teaching experience as temporary Hindi Lecturer and as temporary Principal right from 1.9.1971 should be companynted for the purpose of her appointment as Principal.
Mrs. Sujata V. Manohar, J. This is an appeal from a judgment and order of the Full Bench of the Patna High Court dated 18.12.1991.
A private companylege then known as Mahila Mahavidalaya, Madhubani, was established on 1.8.1971.
On 1.9.1971 the appellant was appointed as a Lecturer in the Department of Hindi on a temporary basis for a period of six months by the Secretary of the Governing Body of the College.
The requisite resolution of the Governing Body of the said womens companylege agreeing to the said companylege being taken over by the university was accordingly passed.
