Patna High Court
Vijay Kumar vs The State Of Bihar on 16 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2049 of 2022
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1. Anand Prakash son of Hari Prasad Gupta, Resident of House No. - EWS -53,
Shastri Nagar Colony, Post Gorakhnath Mandir, P.S.-Chiluatal Thana,
District-Gorakhpur, U.P.-273015.
2. Ambrish Kumar Verma, son of Shiv Baran Lal, Resident of Village-Bhataha,
P.S.-Fatehpur, District-Barabanki-225305, U.P.
3. Rajmani Prajapati, son of Balram Prajapati, Resident of C/2 Calcutta
Railway Colony, Post-Loco Workshop, P.S.-Sahpur, District-Gorakhpur,
U.P.-273012.
4. Sanjeev Kumar, son of Raj Kumar Sah, AT/P.O.-Ghoghardiha, P.S.-
Goghardiha, District-Madhubani, Bihar-847402.
5. Gauri Shankar, son of Dinesh Sachan, At H.No.-8 Bawan, Koriyan, P.S.-
Sajeti, District-Kanpur, U.P.-209206.
6. Manish Kumar Yadav, son of Ram Nagina Singh Yadav, At-Baksha,
Mainpur, P.S.-Karanda, District-Gazipur, U.P.-233001.
7. Priyanka, Daughter of Durjan Singh, Resident of H. No. -115, Gali No. -3,
Block-B2, Krishna Nagar (Bagu), P.S.-Vijay Nagar, District-Ghaziabad,
U.P.-201009.
8. Anil Kumar Sharma, son of Bhaj Govind, Resident of Village-Jagatpur, P.S.-
Krishna Garh, District-Bhojpur-802316, presently residing at Chakla,
Kanchrapara (m), North 24 Paraganas, West Bengal-743145.
... ... Petitioners
Versus
1. The State of Bihar (deleted vide order dated 06.4.2022) through the Chief
Secretary, Government of Bihar, Patna.
2. The Director-in-Chief, Health Department, Government of Bihar, Patna.
3. The Additional Chief Secretary-cum-Principal Secretary (deleted vide order
dt. 06.04.2022), Health Department, Government of Bihar, Patna.
4. Bihar Staff Selection Commission through its Secretary, Veterinary College,
Patna-800014.
5. The Chairman, Bihar Staff Selection Commission, Veterinary College,
Patna-800014.
6. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-
800014.
7. The Controller of Examination, Bihar Staff Selection Commission,
Veterinary College, Patna-800014.
... ... Respondents
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with
Civil Writ Jurisdiction Case No. 15909 of 2021
======================================================
1. Deepak Kumar son of Kailash Singh Resident of Malviya Nagar Nawdih,
P.S.- Khaira, District- Jamui- 811317.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
2. Ranjan Mohan Prasad son of Late Krishna Mohan Prasad Resident of
Harnaha Tola, P.S.- Khajkala, Patna City- 800008.
3. Devendra Kumar Rawat son of Lakhan Rawat Resident of Village- Chun,
P.S.- Khaira, District- Jamui- 811305.
4. Digvijay Kumar Sharma son of Amrendra Kumar Sharma Resident of
Paharichak Perbejabad Sonpur, P.S.- Sonpur, District- Saran- 841101.
5. Anil Kumar Verma son of Vinay Kumar Verma At and P.O.- Malhara, P.S.-
Haspura, District- Aurangabad- 852124.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Director-in- Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secretary, Veterinary
College Campus, Patna- 14.
4. Abhinav Raj (Roll No-100628) son of Indra Deo Prasad, At and P.O.-Sri
Nagar, P.S.-Kumar Khand, District-Madhepura-852112.
5. Dharmendra Kumar (Roll No-100470) son of Ram Deo Choudhary,
Resident of Mohalla/Village-Punpun, Patna Punpun Road, P.S.-Punpun,
District-Patna.
6. Animesh Kumar (Roll No-100746), son of Ram Naresh Kumar, Resident of
Near Prashaant Cinema, Ward No.-18, P.S.-Town (City), District-Saharsa-
852104.
7. Puja Kumari (Roll No-100921) D/o Manoj Choudhary, Resident of
Mathurapur, P.O.-Ashim Chak, P.S.-Dalsingsarai, District-Samastipur-
848101.
8. Umashankar Choudhary (Roll No. 101030), son of not known at present
working at Senior Tuberculosis Supervisor, District Tuberculosis Centre,
Bhojpur-802301.
9. Hare Ram Yadav (Roll No-101129) son of not known, at present working as
Senior Tuberculosis Supervisor, District Tuberculosis Centre, Samastipur.
... ... Respondents
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with
Civil Writ Jurisdiction Case No. 16002 of 2021
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1. Jitendra Kumar Son of Ramprit Prasad Resident of Village and P.O. - Gauri
Pundah, P.S. - Fatuha, District- Patna, Bihar - 803201.
2. Md. Serajuddin Son of Shahzada Resident of Mohalla - Shivdhara
(Alafganj), Ward No. - 01, P.O. Lalbagh, P.S. - L.N.M.U., District-
Darbhanga, Bihar - 846004.
3. Bharti Kishor Krishna Son of laxmi Narayan Bharti Resident of At Azad
Nagar, Ward No. - 09, P.O. Madhepura, P.S. - Madhepura, District-
Madhepura, Bihar- 854301.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
4. Ajay Kumar Singh Son of Baleshwar Singh Resident of Village - Rampur,
P.O. - Khanethi, P.S. - sonhan, District- Kaimur, Bihar - 821109.
5. Rajesh Kumar Singh Son of Suresh Prasad Singh Resident of Village and
Post and P.S. - Bhimnagar, District- Supaul, Bihar - 854338.
6. Divakar Kumar Bharti Son of Kuldip Pandit Resident of At Rupni, P.O. -
Chuatham, P.S. - Chuatham, District- Khagaria, Bihar - 851201.
7. Pooja Kumari Son of Rajaram Prasad Resident of Village - Purankama, P.O.
and P.S. - Sheikhpura, District- Sheikhpura, Bihar - 811105.
8. Abhishek Kumar Srivastava Son of Subash Chandra Srivastav Resident of
At Kaystha tola, Near Railway Power House, P.O. and P.S. - Manihari,
District- Katihar, Bihar - 854113.
9. Rajeev Kumar Sharma Son of Om Prakash Sharma Resident of At Matadih,
near Kali mandir, P.O. - Jamalpur, P.S. - Dharhara, District- Munger, Bihar -
811214.
10. Ravi Ranjan Son of Ramjee Prasad Resident of Village - Makhdumpur, Post
- Paithana, P.S. - Islampur, District- Nalanda, Bihar - 801303.
11. Rajesh Kumar Son of Gopal Saw Resident of at Chhoti Ballia Bazar, Main
Road Ward No. - 12, P.O. - Lakhminia, P.S. - Ballia, District- Begusarai.
Bihar - 851211.
12. Balmukund Patel Son of Anandi Prasad Resident of Village - Sorapar, Post -
Paingree, P.S. - Warsaliganj, District- Nawada, Bihar - 805130.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary - cum- Principal Secretary, Health
Department, Government of Bihar, Patna.
3. Bihar Staff Selection Commission through its Secretary, Veterinary College,
Patna - 800014.
4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna
- 800014.
5. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna
- 800014.
6. The Controller of Examination, Bihar Staff Selection Commission,
Veterinary College, Patna - 800014.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16278 of 2021
======================================================
1. Santosh Kumar Sharma son of Shailendra Kumar Sharma Resident of
Paharichak, Perbejabad, P.S.- Sonpur, District- Saran- 841101.
2. Ranjeet Kumar Singh son of Ajay Kumar Singh Resident of Village-
Plakiya, P.S.- Sherghati, District- Gaya.
3. Rajiv Kumar son of Parmanand Singh Resident of Village- Bararhi Gola,
P.S.- Akorhi Gola, District- Rohtas- 821301.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
4. Anand Kumar Bharti son of Keshav Kumar Singh Resident of Untta
Madarpur, P.S. Jehanabad, District- Jehanabad- 804417.
5. Pankaj Kumar Sinha son of Pradeep Kumar Sinha Resident of Pipra, P.S.-
Dumariya, District- Gaya 841101.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Director-in- Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secretary, Veterinary
College Campus, Patna-14.
... ... Respondents
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with
Civil Writ Jurisdiction Case No. 16328 of 2021
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1. Pawan Kumar Lal Das Son of Ramakant Das, Resident of Village-Kako,
P.S.-Bhairavsthan, District-Madhubani-847404.
2. Amit Ranjan, Son of Raghunandan Singh, Resident of Village-Bahadurpur,
P.S.-Indstrial, District-Bhagalpur-813210.
3. Mritunjay Kumar, son of Sri Nagendra Prasad, resident of Village-Chandasi,
P.S. Noorsarai, District-Nalanda-803113.
4. Jyoti Kumari, D/o Birendra Prasad, resident of Janak Dulari Colony, Bhgwat
Nagar Naya Tola, Kumhrar, P.S.-Agamkuan, District-Patna-800026.
5. Chandan Kumar, Son of Ram baran Mahato, At and P.O.-Mustafapur, P.S.-
Suryagarha, District-Lakhisarai-811106.
6. Niraj, Son of Sri Vishwanath Singh, Resident of Mohalla-Mahikkhandak
(Amber), Biharsharif, P.S.-Biharsharif, District-Nalanda-803101.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Director-in-Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar Staff Selection Commission through its Secretary, Veterinary
College Campus, Patna-14.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16713 of 2021
======================================================
1. Vijay Kumar Son of Jibu Ram Resident of Village- Kalayanpur, P.S.-
Kalayanpur, District- Samastipur.
2. Sanjeev Kumar Choudhary Son of Jagdish Choudhary At and PO- Kakodha,
Via Bishnupur (Lohna Road), P.S.- Saketpur, District- Darbhanga- 847204.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
3. Raju Sah Son of Nand Kishore Sah Resident of Mohalla- Alaipatti, P.S.-
Laheriasarai, District- Darbhanga- 846003.
4. Ranjeet Kumar Mishra Son of Ram Sundar Mishra Resident of Village-
Damodarpur, P.S.- Mehsi, District- East Champaran.
5. Arvind Kumar Son of Baiju Prasad Singh Resident of Ramkrishna Nagar,
P.S.- Ram Krishna Nagar, District- Patna.
6. Abhay Kumar Ray Son of Nirmal Kumar Ray Resident of Kharauna, P.S.-
Tarari, District- Bhojpur.
7. Indu Shekhar Son of Krishna Mohan Thakur Resident of Village- Barahsher,
P.S.- Bihra Barahsher, District- Saharsa- 852124.
8. Sudhir Kumar Son of Late Chandeshwar Prasad Resident of Station Road,
Arya Samaj Gali, Khushropur, P.S.- Khushropur, District- Patna- 803202.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Director-in-Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar Staff Selection Commission, through its Secertary, Veterinary
College Campus, Patna- 14.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16844 of 2021
======================================================
1. Shishir Kumar Son of Muni Lal Prasad, Baranwal Bhawan, MakhdunSarai,
P.S.- Siwan, District - Siwan 841226.
2. Dharamveer Kumar Raushan Son of Raghuveer Prasad, At- Unnta,
Madarpur, P.S. - Jehanabad, District - Jehanabad - 804417.
3. Kaushlendra Kumar Prabhakar Son of Om Prakash Narayan Singh, At-
Dharaut, P.S.- Makdumpur, District - Jehanabad - 804405.
4. Kunal Kishor Son of Sachchida Nand Pandey, At- Silao, P.S.- Silao, District
- Nalanda- 803117.
5. Narendra Singh, Son of Kameshwar Prasad, At- Powerganj, PNB Gali,
Bageshwari Road, P.S.- Gaya, District - Gaya - 823001.
6. Sudesh Son of Uma Kant Singh, At- Manihari, P.S.- Manihari, District -
Katihar - 854113.
7. Vishal Kumar, Son of Uma Kant Singh, At- Manihari, P.S.- Manihari,
District - Katihari - 854113.
8. Suresh Kumar Gupta Son of Babu Lal Sah, At- Shashtri Nagar Road No. - 3,
Ekmi Road, P.S.- Laheriasarai, District - Darbhanga - 846001.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
2. The Director -in-Chief (Administration), Health Services, Government of
Bihar, Patna.
3. The Bihar Staff Selection Commission, through it's Secretary, Veterinary
College Campus, Patna - 14.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14759 of 2022
======================================================
1. Indu Shekhar son of Krishna Mohan Thakur, Resident of Village-Barahsher,
P.S.-Bihra, Barahsher, District-Saharsa (Bihar)-852124.
2. Ranjeet Kumar Mishra, Son of Ram Sun Sundar Mishra, Resident of
Village-Damodarpur, P.S.-Mehsi, District-East Champaran (Bihar).
3. Sudhir Kumar, Son of Late Chandeshwar Prasad, Resident of Station Road,
Arya Samaj Gali, Khushropur, P.S.-Khushropur, District-Patna (Bihar)-
803202.
4. Raju Sah Son of Nand Kishore Sah, Resident of Mohall-Alaipatti, P.S.-
Laheriasarai, District-Darbhanga (Bihar)-846003.
5. Sanjeev Kumar Choudhary, son of Jagdish Choudhary, At and P.O.-
Kakodha, via Bishnupur (Lohna Road), P.S.-Saketpur, District-Darbhanga
(Bihar)-847204.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Governemnt of Bihar, Patna.
2. The Director -in-Chief, Health Department, Governemnt of Bihar, Patna.
3. Bihar Staff Selection Commission through its Secretary, Veterinary College,
Patna-800014.
4. The Chairman, Bihar Staff Selection Commission, Veterinary College,
Patna-800014.
5. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-
800014.
6. The Controller of Examination, Bihar Staff Selection Commission,
Veterinary College, Patna-800014.
... ... Respondents
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2049 of 2022)
For the Petitioner/s : Mr. Raushan, Advocate
For the Respondent/s : Mr. Mujtabaul Haque (GP12)
Mr. Vasant Vikas, AC to GP-12
For the BSSC : Mr. Harshvardhan Shivsundaram,Advocate
(In Civil Writ Jurisdiction Case No. 15909 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP-12
Mr. Pranoy Kumar, AC to GP-12
For the BSSC : Mr. Rewati Kant Raman, Advocate
(In Civil Writ Jurisdiction Case No. 16002 of 2021)
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
Mr. Arvind Kumar, Advocate
Mr. Nilesh Kumar Nirala, Advocate
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
For the BSSC : MR. Satya Prakash Tripathy, Advocate
(In Civil Writ Jurisdiction Case No. 16278 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate
For the Respondent/s : Mr. Aditya Nath Jha, AC to SC-18
For the BSSC : Mr. Rewati Kant Raman, Advocate
Ms. Prachi Pallavi, Advocate
(In Civil Writ Jurisdiction Case No. 16328 of 2021)
For the Petitioner/s : Mr.Arup Kumar Chongdar
For the Respondent/s : Mr.Mujtabaul Haque (GP12)
For the BSSC : Mr. Satyabir Bharti, Advocate
Mr. Kanupriya, Advocate
Ms. Sushmita Sharma, Advocate
Mr. Abhishek Anand, Advocate
(In Civil Writ Jurisdiction Case No. 16713 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate
For the Respondent/s : Mr. Birju Prasad (GP13)
Mr. Ravi Kumar, AC to GP-13
Ms. Shweta Anand, AC to GP-13
(In Civil Writ Jurisdiction Case No. 16844 of 2021)
For the Petitioner/s : Mr. Arup Kumar Chongdar, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
Mr. Neeraj Raj, AC to GA-8
(In Civil Writ Jurisdiction Case No. 14759 of 2022)
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Respondent/s : Mr. Pankaj Kumar, SC-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
CAV JUDGMENT
Date : 17-05-2023
Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Bihar Staff
Selection Commission.
2. On the request of the parties, these writ applications
have been tagged and after hearing the parties, all these matters are
being disposed of by this common judgment.
3. For purpose of reference C.W.J.C. No. 2049 of 2022
has been taken as a lead case.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
4. The petitioners in these writ applications are praying
for a direction to the respondents Bihar Staff Selection
Commission (hereinafter referred to as the 'Commission') to take
steps to conduct interview for the petitioners to fill up the
vacancies notified vide Advertisement No. 08010116 published on
06.05.2016.
Brief facts and case of the petitioners
The petitioners pray that a direction be issued to the respondent
authorities to consider the petitioners for appointment against the
276 posts of Sanitary Inspector after evaluating the petitioners in
interview. The grievance of the petitioners is that as against 276
posts,130 were called for counselling but finally only 29 candidates
have been declared successful and the petitioners have been excluded
from the zone of consideration. The challenge their exclusion at the
stage of interview is a malafide and arbitrary action of the
respondents.
5. Some of the petitioners (petitioners of CWJC No.
2049 of 2022) moved this Court earlier for quashing of the result
dated 19.08.2021 published by the Commission in C.W.J.C. No.
16451 of 2021 which was disposed of vide order dated
15.01.2022 by this Court granting liberty to the petitioners to file
a fresh petition while impleading proper and necessary parties in
so far as challenge to the result is made. This Court held that for
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
non-joinder of necessary and proper parties the present petition is
not maintainable as the petitioners have questioned the validity of
the result without impleading such of those persons, roll numbers
mentioned.
6. Let it be recorded that in all these writ petitions the
petitioners have taken a stand that they are not challenging the
appointment of the 29 candidates but they are only looking for
consideration of their own names for appointment against the
vacant posts which relief may be granted to the petitioners without
interfering with the result of the 29 successful candidates. This
Court has recorded this stand of the petitioners in it's order dated
11.05.2023. For this reason, the petitioners have not raised any
issue with respect to the 29 selected candidates.
7. It is the case of the petitioners that they having been
declared successful in the written examination were called to
participate in the counselling which was scheduled on 27.08.2020
and 28.08.2020. The writ petitioners participated in the
counselling. They submitted all the documents mentioned in the
notice as contained in Annexure 'P5' to the writ application but
they were not called for interview. Only 130 candidates had
cleared the written examination against the vacancies advertised
by the Commission. Out of which only 29 candidates were called
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
for interview against 276 vacancies of Sanitary Inspector. Later on
all the 29 candidates were declared successful and they have been
appointed. The grievance of the petitioners is that the Commission
did not disclose any reason for non-consideration of the petitioners
at the stage of interview.
8. The petitioners claim that they have requisite
qualification as per advertisement, as on the last date for
submission of the application form they were at least Intermediate
and have passed a Diploma in Sanitary Inspector course from an
institute recognized by a Government. Details regarding
educational qualifications have been furnished. Some of the
petitioners are said to have got experience as Sanitary Inspector as
having either worked or working in the Government Sector in
Central Government or the State Government. They have passed
their Diploma in Sanitary Inspector Course from an institute
recognized by a Government. The petitioner no. 1 filed a
representation before the respondent Commission vide Annexure
'11' to the writ application.
Stand of the State
9. By filling a counter affidavit the respondents have
contested the writ application. Respondent No. 3 to 6 have taken a
plea that with regard to technical qualification of the candidates it
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
was specifically provided in the advertisement that the candidates
must have passed Diploma in Sanitary Inspector Course from the
institutions recognized by 'Government'. It is stated that as per
Advertisement a preliminary competitive examination was to be
conducted for the purpose of screening, however, the final result
was published on the basis of marks obtained by the candidates in
the academic experience and interview.
10. The respondent no. 3 to 6 have taken a stand that
though the petitioners were declared successful in preliminary
competitive examination and they were called for counselling but
at this stage, it was found that the certificate of Diploma in
Sanitary Inspector Course of the petitioners has not been issued by
the institutions recognized by the Bihar Government. Petitioner
No.1 to 7 produced the certificate of Diploma issued by All India
Institute of Local Self Government, Mumbai whereas petitioner
no. 8 produced a certificate issued by the West Bengal State
Council of Technical Education. The name of these institutions is
not in the list of institutions recognized by the State Government
as made available by the Health Department, Bihar, Patna vide
Letter No. 463(4) dated 27.05.2021. It is stated that for these
reasons the petitioners were not found eligible for selection in
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
terms of the advertisement. Accordingly, they were not called for
interview.
11. Learned Counsel for the Commission has relied upon
the judgment of the Hon'ble Supreme Court in the Case of A.A.
Calton v. Director of Education reported in (1983) 3 SCC 33 and
the judgment in the case of State of Himachal Pradesh & Ors.
Vs. Raj Kumar & Ors. in Civil Appeal No. 9746 of 2011
decided on May 20, 2022 wherein the Hon'ble Supreme Court has
held that the selection shall be made in accordance with the
existing Rules and the candidates who have appeared in the
written test and have undergone viva voce acquired a vested right
for being considered for selection in terms of the advertisement. In
these cases, the advertisement is of the year 2016, hence, it is
submitted that 2020 Amendment Rules would not be applicable
retrospectively.
Reply of the petitioners to the Stand of the State
12. The petitioners have contested the stand taken on
behalf of the respondent nos. 3 to 6. According to them the
statements of the respondent nos. 3 to 6 are contrary to the terms
of the advertisement as well as the Bihar Sanitary Inspector Cadre
Rules 2014 (hereinafter referred to as the 'Cadre Rules 2014').
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
13. Learned counsel for the petitioners submits that as
per Rule of the Cadre Rules 2014 appointment in the cadre of
Sanitary Inspector shall be made on the basis of the
recommendation of the Commission. Rule 6(1) provides
qualification which requires that for appointment by direct
recruitment to the basic posts minimum educational qualifications
shall be pass in Intermediate/10+2 with Physics, Chemistry,
Biology and English. In addition to this, pass in Diploma in
Sanitary Inspector Course from 'Government' recognized
institutions. At the time of advertisement the Bihar Government
had not come out with any list showing the name of a recognized
institutions. It is submitted that the Health Department's letter no.
463(4) dated 27.05.2021 which came much after counselling is
contrary to the Rule 6 of the Cadre Rules of 2014 as amended
vide Amendment Rules 2020 as well as the Advertisement which
prescribes that an applicant must be Intermediate/10+2 (Physics,
Chemistry, Biology and English) and must have passed in the
Diploma in Sanitary Inspector Course from an institutions
recognized by the Government. The Advertisement does not
intend to give a restricted meaning of the words 'recognised
Institutions by a Government'. The petitioners take a plea that
there were no stipulations in the Advertisement that only such
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
candidates shall be eligible who have obtained their Diploma/
degree from an institution situated in the State of Bihar. Such a
decision would be contrary to the spirit of Articles 14 and 16 of
the Constitution of India as well as UGC Act and Regulations
framed thereunder. Referring to Annexure 'P10' to the writ
application, learned counsel submits that the certificates have
been recognized by the Central Government and the several State
Governments, Indian Railways, Port Trust, Defense Organization
and all local Governance Bodies. It is further stated that the
Diploma certificate of petitioner no. '8' has been issued by the
West Bengal State Council of Technical Education which is a
statutory body under West Bengal Act XXI of 1995. The petitioner
nos. 1, 2, 4 and 5 are working in the Central/State Government
recognized institution and continuing their service whereas
petitioner nos. 3, 6 and 8 have worked in Central /State
Government recognized institutions on the same post for which
they applied under the Advertisement in question.
14. Learned counsel for the petitioners relied upon a
judgment of the Hon'ble Supreme Court in the case of E.P.
Royappa v. State of Tamilnadu & Anr. Reported in (1974) 2
S.C.R. 348 to submit that the list of institutions recognized by
the State Government as made available by the Health
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
Department, Government of Bihar vide letter No. 463(4) dated
27.05.2021 is arbitrary and it violates the statutory principles of
equality in the matter of public employment as guaranteed by
Articles 14 and 16 of the Constitution. They also rely upon the
judgment of the Hon'ble Supreme Court in the case of Raj
Kumar (supra) to submit that the vacancies are required to be
filled up by applying the substituted Rule 6 brought by the
Amendment Rules 2020. It is also submitted that this letter has
been issued by the Health Department after counselling of the
petitioners and it was never disclosed in response to the
Advertisement dated 06.05.2016. It is only when the petitioners
submitted their application, after due scrutiny with open eyes the
Commission did not find any fault in their candidatures, after
counselling of the petitioners, the respondents issued letter no.
463(4) dated 27.05.2021 which is wholly arbitrary, unjust and
improper as also unconstitutional and violative of Articles 14 and
21 of the Constitution of India.
15. Learned counsel for the petitioners submits that
during the ongoing selection process, in order to get clarity on the
issue by a letter dated 16.12.2020 issued by the Controller of
Examination, Health Department, Bihar, Patna it is stated that
about the recognition of the institutions belonging to the other
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
State/Central Government, information/advise is needed. The
Chief Director (Nursing), however, issued a letter dated
01.06.2021 wherein it is stated that conditions for minimum
educational qualifications for the appointment of Lab Technician
(Advertisement No. 05010115) and Sanitary Inspector
(Advertisement No. 08010116) co-relates and expectation to take
information/advise from the other State/ Central Government
relating to 'Sanitary Inspector' post about the recognition of the
institutions, situated outside the State of Bihar is against the Lab
Technician Post in which the Commission had not considered
those candidates who passed from the institutions which situate
outside the State of Bihar.
16. It is stated that the petitioners made representation
before the Chief Director (Paramedical) vide letter dated
23.03.2022. The petitioners referred the interim order of Hon'ble
Division Bench of this Court in LPA No. 296 of 2021 (Surjit
Kumar Vs. The State of Bihar & Ors.) wherein a direction has
been issued. The petitioners submitted that as respect the post of
Sanitary Inspector, the Government of Bihar has come out with
Bihar Sanitary Inspector Cadre (Amendment) Rules 2020
(hereinafter referred to as the 'Amendment Rules 2020') and as
per the Amendment Rules 2020 the Diploma Certificate of the
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
petitioners be recognized and accepted. However, the
representation in this regard has been rejected vide Annexure 'P-
14' to the writ application by the Secretary of the Commission
saying that the post in question were advertised in the year 2015,
therefore, no action may be taken as per the Amended Rules 2020.
17. Learned counsel for the petitioners submits that Rule
6(1) of the Amendment Rules 2020 provides the qualification
wherein it is now stated inter alia that "it shall be necessary to
have passed Sanitary Inspector Diploma Course/Bachelor in
Sanitary Inspector from Union of India and other States
Government recognized Institution and it shall be necessary to
have Certificate related thereto."
18. Learned counsel for the petitioners submits that the
post of Lab Technician and Sanitary Inspector are technical post
and the Commission is conducting examination for the
appointment to the post of both cadres. It is stated that by virtue of
the interim order in LPA No. 296 of 2021 the Commission has
considered those candidates who were fit for appointment in
accordance with either Rules 2014 (Lab Technician Cadre Rules)
or to 2019 (Lab Technician Cadre (Amendment) Rules) for the
appointment to the post of Lab Technician. Prior to the direction
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
of the Hon'ble Division Bench in LPA No. 296 of 2021 they were
not ready to consider their appointment.
Consideration
19. Having heard learned counsel for the parties and on
perusal of the records, this Court is of the considered opinion that
at first instance the Advertisement issued by the Commission
(Annexure 'P-2') is required to be taken note of. The minimum
qualification clause of the Advertisement No. 08010116 reads as
under:-
"U;wure "kSf{kf.kd ;ksX;rk& vkosnu izkIr djus dh vafre frfFk rd
bUVjfefM,[email protected]+2 (HkkSfrd foKku] jlk;u "kkL=] tho foKku] vaxzsth ds
lkFk) esa mrh.kZrk A
rduhdh ;ksX;rk& ljdkj }kjk ekU;rk izkIr laLFkku ls
fMIyksek&bu&lsfuVjh baLisDVj dkslZ esa mrh.kZrk ,oa rRlac/kh izek.k i= A"
20. The Advertisement contains a note in the following
words:-
"vU; %& ¼i½ fdlh mEehnokj ds ijh{kk esa lfEefyr gksus ds fy, ik=rk dk fu/kkZj.k
vk;ksx }kjk fd;k tk;sxk vkSj ;g vafre gksxkA oSls gh mEehnokj ijh{kk esa lfEefyr gks ldsaxs ftUgsa
,rnFkZ vk;ksx }kjk cqykok i= ¼call letter½ fuxZr fd;k tk;sxkA cqykok&i= fuxZr gksus ek= ls
vgZrk dh lEiqf'V ugha ekuh tk;sxhA fdlh mEehnokj ds ijh{kk esa lfEefyr gksus ds fy, [email protected]=rk
ds foUnq ij vk;ksx dk fu.kZ; vafre gksxkA
¼ii½ fdlh izdkj dh iSjoh djus ;k djkus vFkok xyr ;k viw.kZ lwpuk nsus ij
vH;fFkZRo jÌ dj fn;k tk;sxkA
¼iii½ vH;fFkZ;ksa dks lykg nh tkrh gS fd os vkWuykbZu vkosnu&i= Hkjus ds i"pkr~
submit djus ls iwoZ mldh lhKh izfof"V;ksa dks /;kuiwoZd ns[kdj ;g lqfuf"pr dj ysa lhkh
izfof'V;k¡ Bhd ls Hkjh xbZ gSA vkWuykbZu vkosnu lefiZr dj nsus ds i"pkr~ fdlh Hkh ifjfLFkfr esa fdlh
izdkj dh =qfV dk ifjektZu ugha fd;k tk ldsxkA"
21. It is not in dispute that on the date of issuance of the
Advertisement the Cadre Rules of 2014 was in force. According
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
to this Rule, the cadre of Sanitary Inspector shall be at District
Level and the number of posts in every grade and total number of
posts in the cadre shall be as many as are sanctioned by the
Government from time to time. The definition clause under Rule 2
defines that 'Government' means Bihar State Government. Rule
'6' provides for qualification. For a ready reference Rule '6' of the
Rules of 2014 is quoted hereunder:-
"6.Qualification:- (1) For appointment by direct
recruitment to the basic grade posts, minimum educational
qualification shall be pass in Intermediate/10+2 with
physics, chemistry, Biology and English. In addition to this,
pass in Diploma-in-Sanitary Inspector course from a
government recognised institutino and to have a certificate
related thereto.
(2) For direct recruitment in the Sanitary Inspector Cadre,
minimum age limit shall be 21 years and maximum age
limit shall be the same as may be determined by the
Government reservation category wise, from time to time,
1st August of the concerned year shall be deemed to be the
cut off date for determination of age."
22. The procedure for recruitment as per Cadre Rules
2014 are asunder:-
"7. Procedure of recruitment.- (1) The appointing authority, after
calculating vacancy on the basis of position as on 1st April of the year and getting
roster cleared, shall send reservation category wise requisition to the Commission
latest by 30th April.
(2) In light of requisition, the Commission shall invite applications after
advertising vacancies and shall select candidates on the basis of a separate combined
written Preliminary Competitive Examination for Para- Medical cadres and
thereafter interview.
(3) The questions of combined written Preliminary Examination shall be
objective type and syllabus as well as procedure of the Examination shall be
determined by the Commission.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
(4) This combined Written Preliminary Examination shall be for the
purposes of screening .On this basis, of Preliminary Examination he candidates
numbering equal to two and half times of the requisitioned vacancies shall be
selected, who will be called for interview.
(5) The Interview shall be of full marks 100 (one hundred) as follows:-
(a) For marks obtained in
Intermediate/10+2 course
examination,---------------------------25 marks
(b) For higher degree (B.Sc.(M.SC)--------------10 marks
(c) For certificate Course examination
(Sanitary Inspector)-----------------------------25 marks
(d) For work experience in government
hospitals of Bihar State (5 marks
per year, maximum 25 marks)-----------------25 marks
(e) For Interview-------------------------------15 marks
_____________
Total 100 marks
Explanation.- The marks to be given a Candidat for to The Intermediate/10+2 and Sanitary
Inspector diploma course Examination shall be determined by multiplying the
percentage of total marks obtained in the aforesaid courses examination by
multiple of 0.25 For example, if a candidate has obtained 50% marks, he will
be given 50% x 0.25=12 ½ marks.
(6) Procedure for interview shall be determined by the Commission.
(7) after preparation of merit list, on the basis of ----- (4) preliminary scrutiny of the certificates and
medical check up shall be conducted by the Commission with the cooperation of Appointing Authority and
thereafter reservation category wise final recommendation in accordance with the requisitioned vacancies
shall be sent to the Appointing Authority. At the level of Appointing Authority also, verification of
antecedents of recommended candidates shall be caused to be verified after scrutiny of certificates.
(8) After recommendation of the Commission, it will be necessary to comply the instructions issued by the
Government, from time to time related to the procedure of appointment, necessary."
23. It is crystal clear from the reading of the Cadre
Rules 2014 that for appointment by direct recruitment to the basic
grade posts, in addition to the minimum qualifications, a candidate
must have a pass in Diploma-in-Sanitary Inspector from a
Government recognized institution. The definition of the word
'Government' means Bihar State Government but the fact is that
the Bihar State Government did not issue any list of recognized
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
institution and the Commission, in absence of any specific list or
directions in this regard, allowed the petitioners to participate in
the selection process.
24. The Department of Health, Government of Bihar
came out with letter no. 463 (4) dated 27.05.2021 much after the
counselling providing the name of the technical institutions which
were recognized, during the on going selection process under the
Advertisement in question. On record, this Court finds a letter of
the Director-in-Chief (Nursing) addressed to the Secretary of the
Commission wherein he has written as under:-
"lafpdk la[;k&04] Lok0 fu0&15&[email protected]&463¼4½ 27-05-2021
funs"kky; LokLF; lsok;sa
fcgkj] iVuk
isz'kd]
MkW dkS"ky dqekj
funs"kd izeq[k ¼uflZax½
LokLF; foHkkx] fcgkj] iVukA
lsok esa]
lfpo]
fcgkj deZpkjh p;u
vk;ksx] iVukA
fo'k;%& fo0 la[;k 08010116 LoPNrk fujh{kd ds in ij fu;qfDr ds laca/k esa
izlax %& vkidk i=kad [email protected] fnukad 30-04-2021
egk"k;]
funs"kkuqlkj mi;qZDr fo'k; izklafxd i= ds vkyksd esa fLFkfr uhps Li'V dh tk jgh gSA
1- iz;ksx"kkyk izkoSf/kd ¼fo0 la[;k& 05010115½ ,oa LoPNrk fujh{kd ¼fo0 la[;k& 05010116½
ds fu;qfDr gsrq izdkf"kr foKkiu esa **U;wre "kS{kf.kd ;ksX;rk** dkWye esa vafdr "krsZ le:i gSA ijUrq
mDr Øe esa iz;ksx"kkyk izkoSf/kd ¼fo0 la[;k& 05010115½ esa fcgkj jkT; ds ckgj ds laLFkku ls mŸkhZ.k
vH;fFkZ;ksa ij vk;ksx }kjk fopkj ugha fd;k x;k gSA tcfd Lo{Nrk fujh{kd ds ekeys esa ¼fo0 la[;k&
08010116½ jkT; ds ckgj ds laLFkkuksa ds ekU;rk ds laca/k esa izfrosnu dh vis{kk dh xbZ gS] tks
fojks/kkHkk'kh izrhr gksrk gSA
2- mPprj fMxzh gsrq 10 vad lsfuVjh fo'k; esa izkIr mPprj fMxzh dks ns; gksxkA
3- nqjLFk f"k{kk ds ek/;e ls izkIr fMxzh ekU; ds laca/k esa CWJC NO [email protected] Qqy
dqekjh ,oa vU; cuke jkT; ljdkj fn;s x;s fu.kZ; ds vkyksd esa dkjZokbZ dh tk,xhA
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
4- ijh{kk fu;a=d] LokLFk foHkkx] fcgkj] iVuk ds i=kad & 285 fnukad & 16-12-2020 }kjk
jkT; esa eku;rk izkIr laLFkkuksa dh lwph layXu dj nh xbZ gSA
vr% mDr rF;ksa ds vk/kkj ij fu;ekuqdwy fu;qfDr dh dkjZokbZ fd;k tk;A
vuq0&;FkksDrA
fo"oklHkktu
[email protected]&
funs"kd izeq[k ¼uflZax½
LokLF; foHkkx] fcgkj] iVukA"
25. From the letter of the Director-in-Chief (Nursing)
as quoted hereinabove, it would appear that in the case of Lab
Technician the Commission did not consider the candidates who
had obtained the eligibility qualifications from an institutes outside
the State of Bihar, the candidates for the post of Lab Technician
and the candidates for the post of Sanitary Inspector under the two
Advertisements were being treated similar to the extent that in
respect of both the kinds of candidates their qualification obtained
from an institute outside the State of Bihar were not being
considered.
26. In these circumstances the Lab Technicians moved
this Court in C.W.J.C. No. 6761 of 2020. Their grievance was that
they had been wrongly ousted from the zone of consideration for
appointment as Lab Technician after allowing them to participate
in counselling. They had entered in the service as Lab Technicians
when the Lab Technician Rules 2005 notified on 31.12.2005 was
in operation. The contention of the petitioners was that because
they were eligible under the Rules they were inducted in the
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
service of the State of Bihar on contractual basis and later on they
rendered their valuable service as Lab Technician in the State run
hospitals but under the Advertisement published for regular
appointment of Lab Technician on 21.06.2015 they were not
allowed to participate after counselling was done on 29.05.2020.
In between the year 2005 to 2020 the Government had in exercise
of power under Rule 309 framed Recruitment Rules for
recruitment of Lab Technician vide Cadre Rules of 2014, before
commencement of the counselling in 2020, 2014 Rule was
substituted vide notification dated 17.09.2019 and new
qualification was introduced before commencement of the
counselling. Rule '6' of the same provided the qualification and
Rule '7' the procedure for recruitment. The petitioners were ousted
from the zone of considration at the final selection stage. It was
contended that whatever were the impediment in the selection of
the petitioners were done away by the respondents themselves by
2019 Rules which has substantially changed the eligibility criteria.
27. The learned writ court considered that the degrees,
diploma and other academic distinction of Aligarh Muslim
university is recognized through out the country as valid degree
and as such excluding the diploma or the qualification acquried by
the persons who have obtained such Degree or Diploma from
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
Aligarh Muslim University as not recognized is illegal, arbitrary
and unconstitutional. The learned Writ Court rejected the
contention of the State referring to the definition of the State
Government in 2014 Recruitment Rules to contend that the
recognized means recognized by the State of Bihar and since the
Government of Bihar has not recognized the Degree and Diploma
of Aligarh Muslim University in terms of 2014 notification,
therefore, the Diploma/Degree of petitioners in C.W.J.C. No.
9874 of 2020 cannot be accepted as valid degree. The learned
Writ Court held that there was no justification to oust the
petitioners from zone of considerations, particularly after inviting
them to participate in counselling.
28. The judgment of the learned Writ Court has been
appealed against by the Commission as well as some individuals
the lead case being LPA No. 296 of 2021. One of the orders dated
06.09.2022 passed in LPA No. 296 of 2021 and its analogous
matters reads as under:-
"06.09.2022.- Request for adjournment is made on behalf
of the learned Advocate General, who is to assist this Court
in L.P.A. No. 16.3, L.P.A. No. 16.4, L.P.A. No. 16.5, L.P.A.
No. 16.6, L.P.A. No. 16.7, L.P.A. No. 16.8, L.P.A. No. 16.9,
L.P.A. No. 16.10 and L.P.A. No. 16.11.
At this stage, Shri Manan Kumar Mishra, learned senior
counsel and Mrs. Nivedita Nirvikar, learned senior counsel
who appears in LPA No. 16.4 states that the State
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
contemplates taking action contrary to the orders passed by
this Court.
We reiterate our order dated 11.03.2022.
Without prejudice to the respective rights and contentions
of the parties, the cases of such of those candidates who
have acquired qualification by distant education and
vocational course shall also be considered for the process of
selection and appointment.
List on 14.12.2022."
29. In the aforesaid background the petitioners who are
the candidates for the post of Sanitary Inspector are agitating their
claims for treating their certificate of Diploma in Sanitary
Inspector Course as a valid and recognized certificate. The
respondents, it seems that in their counter affidavit are taking an
identical plea which were taken in the case of Lab Technician but
after the interim order of the Hon'ble Division Bench in the case
of Lab Technician, they are said to have considered those
candidates for the post of Lab Technician.
30. In these cases also, this Court finds that during the
on going selection process, the State Government in exercise of its
power conferred by proviso to Article 309 of the Constitution of
India amended the Cadre Rules of 2014 with effect from 16 th
march, 2020. Rule 2(1) which defines the word 'Government' has
not been amended but Rules 6 and 7 of the Cadre Rules 2014 have
been substituted as as under:-
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
"6. Substitution of rule-6 of the Bihar Sanitary Inspector Cadre
Rules, 2014.- Rule -6 of the said Rules shall be substituted by the following:-
"6 Qualification:- (1) For direct recruitment to the basic category posts,
minimum educational qualification shall be pass in Intermediate/+2(Physics,
Chemistry, Biology with English) pass. In addition to this, it shall be
necessary to have passed Sanitary Inspector Diploma Course/Bachelor in
Sanitary Inspector from Union of India and other States Government
recognized Institution and it shall be necessary to have a Certificate related
thereto. (2) For the direct recruitment in Sanitary Inspector Cadre, minimum
age-limit shall be 18 years and maximum age limit shall be such as may be
determined reservation categorywise, from time to time, by the Government.
1st August of the concerned year shall be deemed to be cut off date for
determination of age."
4. Substitution of Rule-7 of the Bihar Sanitary Inspector Cadre
Rule-2014. Rule-7 of the said Rules shall be substituted by the following:-
7 Procedure of recruitment.-1) The appointing authority, after
calculating vacancies on the basis of position as on 1st April of the year and
getting roster cleared, shall send reservation categorywise requisition to the
Department latest by 30th April and the consolidated requisition shall be sent
to the Commission by the Department latest by 15th May.
(2) For the selection, full marks will be 100 (one hundred) as
follows:-
(a) For the marks obtained in Intermediate/+2 - 30 Marks
(b) For marks obtained in Diploma in Sanitary Inspector Course
examination - 25 Marks
(c) For higher degree in course of Sanitary Inspector (B.Sc/M.Sc)
- 20 Marks (B.Sc.-10 marks and M.Sc.- 10 marks)
(d) For Work experience in Government Hospitals- (5 marks per
year, Maximum 25 Marks) - 25 Marks
Note:The marks to be given to a candidate for marks obtained in
Intermediate/+2 and Diploma Course in Sanitary Inspector examinations shall
be determined by multiplying percentage of total marks obtained in the
examinations of said courses by a multiple of 0.3 or 0.25 respectively. For
example, if a candidate has obtained 50% marks, he will be given
50x0.3=15or 50x 0.25= 12.5 marks.
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
(3) The Commission shall send recommendation to the
Department according to the merit list prepared on the basis of sub-rule (2) as
well as requisitioned vacancies. After scrutiny of certificates of the
recommended candidates the Department shall allot their cadre. Thereafter,
the Appointing Authority concerned shall make appointments after causing
medical check-up, verification of antecedents, etc by complying the
guidelines issued by the Government (General Administration Department),
from time to time.
(4) After recommendation of the Commission, compliance of
instructions issued by the Government (General Administration Department),
from time to time, with respect to procedure of appointment, shall be
necessary."
31. This Court finds that on the date of coming into
force of the Amendment rules 2020, the Department of Health,
Government of Bihar had not come out with a list of institutions
which may be said to be the recognized institutions as per Rule 6
of the Cadre Rules 2014 (un-amended). The Health Department's
letter no. 463 (4) dated 27.05.2021 was issued after one year two
months from the date of coming into force of the Amendment
Rules 2020.
32. It is crystal clear from these developments that the
Commission being well aware of the Cadre Rules of 2014 as
amended vide Amendment Rules of 2020 proceeded to consider
the candidature of these petitioners by publishing the written
examination result of the petitioners on 07.08.2020 in which the
petitioners were declared successful and thereafter, they were
called for counselling on 27.08.2020 and 28.08.2020. The
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
Commission is therefore, not only precluded and estopped at this
stage form contending that the Diploma Certificate obtained by
the petitioners from an institution outside the State of Bihar is not
recognized, in fact, the conduct of the Commission has given rise
to legitimate expectations to the petitioners that the Amendment
Rules 2020 has been brought with a necessary intendment to
remove the discrimination in the matter of public employment by
giving narrow interpretation to Rule '6' of the un-amended Cadre
Rules of 2014. There is no explanation in the counter affidavit
filed on behalf of the respondents as to how the Commission not
only entertained the applications of the petitioners but allowed
them to participate in the written examination, their results were
declared and they were called for counselling.
33. This Court finds that the learned co-ordinate Bench
of this Court while considering the case of Lab Technicians has
dealt with an identical situation and taken a view that the plea of
the Commission and the State referring to definition of the
Government in 2014 Recruitment Rules to contend that the
recognized means recognized by the State of Bihar is only a
submission in desperation and has no leg to stand. Like in the case
of Lab Technician, in the case of Sanitary Inspector also neither
the Commission nor the State could produce any notification
Patna High Court CWJC No.2049 of 2022 dt.17-05-2023
issued by the State Government in terms of Rules 2014 (un-
amended) and prior to coming into foce of the Amendment Rules
2020 showing that the Government had published the list of
recognized institutions for the post of Sanitary Inspector. The
unamended Rule '6' talks of 'a Government' and not 'the
Government'. Thus, unamended Rule cannot be given a restricted
meaning.
34. In the light of the discussions hereinabove, this
Court is of the considered opinion that these petitioners have
made out a case for issuance of a writ in the nature of mandamus
to the respondents. As against 276 vacancies notified vide the
Advertisement No. 08010116, only 29 posts have been filled up.
The respondents are hereby directed to take steps towards
conducting interview of the petitioners and consider them against
unfilled-up posts within a period of three months from the date of
receipt/production of a copy of this order.
35. These writ applications are allowed to the extent
indicated hereinabove.
(Rajeev Ranjan Prasad, J)
avin/-
AFR/NAFR
CAV DATE 11.05.2023
Uploading Date 17.05.2023
Transmission Date
