After Assistant Professor Resigns, Bihar HC Upholds Direction To Consider Rival Candidate For The Vacancy – Not Appoint Her Automatically

Respondent No. 1 challenged the selection and appointment of respondent No. 6—respondent No. 8 in the writ petition—as Assistant Professor in Management at Maulana Mazharul Haque Arabic and Persian University under Advertisement No. 78 of 2014.

She alleged that respondent No. 6, a Nepalese citizen, was ineligible for reservation under the Extremely Backward Class category.

After respondent No. 6’s resignation took effect on 29 August 2023, the Single Judge, by order dated 31 August 2024, directed the State and University to consider appointment to the resulting vacancy from the combined merit list, in accordance with law.

The State appealed after a delay of 381 days.

The judgment cites no statute, precedent, or specific limitation provision.

It applies the principles that a direction to consider appointment must be carried out in accordance with law, and that an appeal may be dismissed where it is filed after substantial delay and no proper or justifiable explanation for that delay is furnished.

The Court found no merit in the appeal because the Single Judge had not determined the challenge to respondent No. 6’s original selection; instead, after her resignation, the Judge directed consideration of the resulting vacancy from candidates on the relevant combined merit list, subject to law.

Independently, the appellants had not properly or justifiably explained the 381-day delay, providing a further basis to dismiss the appeal.

It extended by a further three months, from receipt or production of a copy of its order, the time for compliance with the Single Judge’s directions.