Santosh Kumar Sah vs The State Of Bihar
2023 Latest Caselaw 78 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1013 of 2019
                                            In
                    Civil Writ Jurisdiction Case No.14664 of 2019
     ======================================================

Santosh Kumar Sah, Son of Raj Kumar Sah, Resident of Satghara, Ward No. 2, P.S. Rajnagar, District- Madhubani.

... ... Appellant/s Versus

1. The State of Bihar through the Additional Chief Secretary, Disaster Management, Department, Govt. of Bihar, Patna

2. The District Magistrate, Darbhanga

3. The District Disaster Management District Darbhanga

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Md. Soban Asghar, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 Mr. Asif Kalim, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 04-01-2023

Heard learned counsel for the appellant and learned

counsel for the State.

2. The present L.P.A. is directed against the order dated

23.07.2019 passed in CWJC No. 14664 of 2019 by the learned

Single Judge of this Court whereby and whereunder the civil writ

petition filed by the appellant has been dismissed.

3. Brief facts of the case is that an advertisement was

issued on 11.11.2017 by the Collectorate, Darbhanga for selection

of Disaster Management Professionals (Senior Research Officer). Patna High Court L.P.A No.1013 of 2019 dt.04-01-2023

In the advertisement, the minimum qualification was fixed as Post

Graduate degree in any one of the associated subjects with

minimum five years experience in the concerned field. The

appellant applied for the said post on 20.11.2017. Thereafter,

interview was held on 13.03.2018 in which only three candidates,

including the appellant, appeared before the Selection Committee

and none of them were found to possess the requisite number of

years of experience. As such, the Selection Committee decided to

re-advertise the vacancy in the next financial year after due

approval from the competent authority.

4. Feeling aggrieved and dissatisfied with the decision of

the Selection Committee in rejecting the claim of the petitioner,

the petitioner (appellant herein) preferred CWJC No.14664 of

2019. The learned Single Judge, finding no fault with the decision

of the Committee, dismissed the appellant's writ petition. Hence,

the present L.P.A.

5. The learned counsel for the appellant has submitted

that the appellant applied for the said post on 20.11.2017 with all

documents along with certificates showing eight and half years

training as Master Trainer-cum-volunteer and also as a

coordinator, but the selection committee accepted his experience

of three years only and the learned Single Judge accepted the

findings of the selection committee while dismissing the writ Patna High Court L.P.A No.1013 of 2019 dt.04-01-2023

petition. The learned counsel has further submitted that appellant

appeared in interview with all documents on 13.03.2018 and had

shown originals of training certificate of eight and half years. The

learned counsel has further submitted that the appellant has more

than eight years experience in the field of Disaster Management,

but the same was not considered and the appellant was not

appointed on the advertised post.

6. Per contra, the learned counsel for the respondents has

submitted that the appellant has submitted two different experience

certificates; one experience certificate dated 10.06.2016 showing

experience of five years as a Master Trainer-cum-Volunteer and

another experience certificate dated 24.09.2017 showing

experience of three years as a Coordinator. The Interview Board-

cum-Selection Committee has only accepted the experience of

three years as a Coordinator. The appellant possesses only three

years' experience for holding the post of Coordinator in Bapu Bal

Vikash Mahila Kalyan Society. The other certificate dated

10.06.2016 specifically clarified that the appellant was volunteer

but he had not served against any post in the organization. As such,

the certificate issued on 10.06.2016 has not been taken into

consideration. Thus, the Committee was absolutely justified in

rejecting the claim of the appellant and two others who had

appeared in interview as they did not possess the requisite number Patna High Court L.P.A No.1013 of 2019 dt.04-01-2023

of years of experience. The learned counsel has further submitted

that the issuance of experience certificate to the tune of five years

to the appellant for his work as Master Trainer-cum-Volunteer in

Disaster Management Programme on behalf of Bapu Bal Vikash

Mahila Kalyan Society is contrary to the record since the same has

been issued for part time work and he worked for one 18-20 days

during the period of five years.

7. Having considered the material available on record and

further considering the rival submission, one fact is clear that

while advertising the post, the authorities have not mentioned and

elaborated the manner in which the experience of five years in the

relevant field was to be acquired. The details as well as eligibility

as mentioned in the advertisement is quoted here-in-below for

reference :-

Ikn LkhV Ikn Ekkuns; ;ksX;rk

[k Disaster 01 lafonk 40000/- 1. अभभिययांभत्रिकक/सममाज/ Management #0 izfrekg पमाककभतिक / भिभू पभतिममाह Professionals भविजमान / ककभषि भविजमान / (Okjh; "kks/k आपदमा पबबधन ममें भविश्वभविदमालय inkf/kdkjh) भडिगक / समतितुल्य यमा व्यमाविसमाभयक सबस्थमान यथमा व्यमापमार पबबधन / कम्प्यतुटर एप्लकककशन / चमारटडिर्ड एकमाउबटकन्ट / जन सबचमार / आपदमा पबबधन इत्यमाभद सक स्नमातिककोत्तर भडिगक।

2. सम्बद्ध ककत्रि ममें न्यभूनतिम पपाँच विषिर्षो कमा अनतुभिवि Patna High Court L.P.A No.1013 of 2019 dt.04-01-2023

The advertisement does not mention the manner in

which the requisite experience was to be acquired. So

subsequent insistence of the authorities regarding any particular

mode of procuring the experience to detriment of the appellant

could not be sustained.

8. The appellant produced the certificates of requisite

experience before the selection committee and the learned

Single Judge erred while accepting the finding of the selection

committee whereby it rejected the claim of the appellant and

two others who had appeared in the walk-in-interview holding

that they did not possess the requisite number of years of

experience. There is no point on saying that the appellant

worked as a Volunteer or as a Coordinator. If the appellant was

having the requisite years of experience to show, rejection of his

claim does not appear to be proper.

9. So far as contention of the respondents regarding

manner of issuance of experience certificate to the appellant is

concerned, the respondents are at liberty to take appropriate

action in issuing the certificate by the institution or verify the

validity of such certificate.

10. In the light of discussion made hereinabove and

under the facts and circumstances of the case, the present L.P.A.

Patna High Court L.P.A No.1013 of 2019 dt.04-01-2023

deserves to be allowed and is accordingly allowed. The order of

learned Single Judge dated 23.07.2019 passed in CWJC

No.14664 of 2019, is quashed and set aside.

11. Selecting and appointing authorities are hereby

directed to revisit in assessment of experience certificate of the

appellant and take decision as to whether the appellant is

entitled to be selected and appointed or not? The above exercise

shall be undertaken within two months from the date of receipt

of this order and communicate the decision to the appellant at

the earliest.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          10.01.2023
Transmission Date       10.01.2023