1 for revocation of the certificate granted by the High Court under Art.
Annexure 1, in the above quotation was the impugned order dated November 18, 1968.
On the date of the said appointment the appellant was the Director of State Institute of Science.
Appeal from the judgment and order dated February 17, 1969 of the Patna High Court in Civil Writ Jurisdiction Case No.
153 ,of 1969 with Civil Miscellaneous Petition No.
153 of 1969 before the High Court challenging this order of November 18, 1968 on various grounds.
The appellant filed C.WJ.C. No.
The High Court by its order dated February 17 1969 has taken the view that as the appellants appointment as Director of Public Instruction was on a temporary basis for a period number exceeding six months in anticipation of the companycurrence of the Public Service Commission, the Public Service Commission, which was subsequently companysulted did number give its companycurrence to the appointment of the appellant as Director of Public Instruction and therefore, the government passed the impugned order dated November 18, 1968 posting the appellant as Director.
As the appellant was appointed purely on a temporary basis, he has numberright to claim the post.
A further companytention taken on behalf of the appellant that the impugned order was number in companyformity with the decision of the Council of Ministers, was rejected by the High Court.
The appellant was appointed by the order dated March 21, 1968, by the State of Bihar temporarily to act as Director of Public Instruction, Bihar.
133 1 b of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is stated in the said order that the appellant had been officiating in the post of Director of Public Instruction by virtue of the order dated March 21, 1968.
It may be numbered that the writ petition was dismissed without issuing numberice to the State and other respondents therein.
State Institute of Education.
M. Singhvi and U. P. Singh, for respondents Nos.
T. Desai, Tarkeshwar Dayal and S. N. Prasad, for the appellant.
The High Court has further expressed the view that it is number satisfied prima facie that there was any mala fides on the part of the Public Service Commission in number giving its companycurrence to the appointment of the appellant or on the part of the government in number appointing the appellant as Director of Public Instruction.
Application by respondent No.
1256 of 1969.
4499 of 1969.
The Judgment of the Court was delivered by Vaidialingam, J. In this appeal, on certificate, the appellant challenges the order dated February 17, 1969 of the Patna High Court dismissing summarily C.W.J.C. No.
2 and 6 to 10.
By order dated November 18, 1968, the State Government passed an order posting the appellant as Director of State Institute of Education.
7 27 Basudeva Prasad, Nawal Kishore Prasad Sinha and U. P. Singh, for respondents Nos.
226 of the Constitution.
1 and 3 to 5.
In the endorsement in this order, it was stated that the appellants appointment as Director of Public Instruction has been made by promotion on a temporary basis for a period number exceeding six months in anticipation of the companycurrence of the Public Service Commission.
153 of 1969 filed under Art.
He had also alleged mala fides in the passing of the said order.
