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Supreme Court of India 2016-10-05 dismissed

Governing Body, L.P. Shahi College, Patna and Anr vs Seema Mishra & Ors

Bench: 3 — R. Banumathi

In Brief

Two appeals challenged the Patna High Court's directive that L.P. Shahi College appoint Seema Mishra as a Lecturer. The Bihar College Service Commission had advertised two teaching positions in Labour and Social Welfare but recommended only two candidates nominally for one post, listing Mishra as second preference rather than separately recommending her for the second vacant post. The Supreme Court held that Section 2(9) of the Bihar College Service Commission Act mandatorily requires two recommendations for every advertised post. The Commission violated this by failing to separately recommend candidates for the second post. Since Mishra was qualified and suffered injustice through no fault of her own, and the Commission itself acknowledged the error in its letter, the Court upheld her appointment to the second post with appropriate salary and increments, dismissing both appeals.

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