Patna High Court
Rajesh Kumar vs The State Of Bihar on 7 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.463 of 2023
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1. Rajesh Kumar Son of Hemant Sah, Resident of Village- Kerma, P.S.-
Kudhni, District- Muzaffarpur.
2. Shiv Kumar Son of Devendra Singh, Resident of Village- RPS Mor,
Danapur Patna, P.S.- Danapur, District- Patna.
3. Rajeev Ranjan Jha Son of Pramod Kumar Jha, Resident of Village- Goi
Mishra Lagma, P.S.- Ghanshyampur, District- Darbhanga.
4. Shashikant Mani Son of Santosh Sinha, Resident of Village- Ghoswari Krar,
P.S.- Ghoswari, District- Patna.
5. Shankar Bhandari Son of Haru Bhandari, Resident of Vilage- Bada Ambona,
Dhanbad, P.S. and District- Dhanbad (Jharkhand)
6. Prakash Kumar Son of Ramdev Pathak, Resident of Purvi Ashok Nagar
Road, Near Central School, P.S.- Ashok Nagar, District- Patna.
7. Ajay Kumar Kushwaha, Son of Jagdev Kushwaha, Resident of Village-
Teghra, P.O. and P.S.- Babubari, District- Madhubani.
8. Abhishek Bhardwaj Son of Akhilesh Narayan Jha, Resident of Surbhi Path,
Near Shiv Mandir, New Jakkanpur, P.S.- Phulwarishariff, District- Patna.
9. Chanddrakant Jha Son of Yamuna Jha, Resident of Ward No.-2, Rani Kitta,
P.O. and P.S.- Rani Kitta, District- Banka.
10. Navneet Kumar Son of Narad Mandal, Resident of Village- Makaspur, Koiri
Tola, Ward No. 38, P.S. Bariyarpur, District- Munger.
11. Arun Kumar Mehta Son of Nasib Lal Mehta, Resident of Village-
Chhatapur, Surpatganj, P.S. and District- Supaul.
12. Vikash Kumar Son of Damodar Prasad Chaurasiya, Resident of Ward No.2
Gandhi Nagar, P.S. and District- Motihari.
13. Md. Iqbal Hasan Son of Md. Nizamuddin, Resident of Village- Mahisaudi,
P.S. and District- Jamui.
14. Naveen Kumar Son of Rajkumar Prasad, Resident of Janki Nagar, Hanuman
Nagar, Sampatchak, District- Patna.
15. Shiveshanand Jha @ Shivesh Son of Sri Bishambhar Jha, Resident of Power
House, Satsang Bhawan, Ashok Nagar, Road No.1, Kankarbagh,
Sampatchak, Patna.
16. Ranjeet Kumar Son of Nagendra Singh, Resident of House No. LIG-267,
SBS Colony, P.O., P.S. and District- Gaya.
17. Nishant Ketu Son of Vinay Singh, Resident of Village, P.O. and P.S.-
Sampatchak, District Patna.
18. Dhiranjan Kumar Son of Damodar Prasad, Resident of Naya Tola
Madhopur, Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Patna.
19. Pawan Kumar Son of Rajeet Sah, Resident of Village- Lata, P.O.- Teliyadih,
P.S.- Lakshamipur, Pindron, District- Jamui.
20. Akhilesh Anand Son of Panchanan Pandit, Resident of Village, P.O. and
P.S.- Pratapganj, District- Supaul.
Patna High Court CWJC No.463 of 2023 dt.07-10-2023
21. Sudhir Kumar Son of Lal Babu Prasad, Resident of Dundi Bazar, Peepal Tal,
Begampur, Sampakchak, P.s.- Begampur District- Patna.
22. Mukesh Kumar Son of Shiv Kumar Pandit, Resident of Ward No. 16,
Amber, Biharshariff, P.S. and District- Nalanda.
23. Naina Tejaswani, Daughter of Bhola Prasad, Resident of Mahavirsthan,
Moldiya Tola, Ward No. 13, Mokamah, District- Patna.
24. Ramesh Kumar Son of Mahendra Choudhary, Resident of Village-
Maulabad, Daudnagar, P.S. and District- Daudnagar.
25. Kundan Kumar Son of Vinod Kumar Rajak, Resident of Near Madhya Bihar
Gramin Bank, Usri, Shikarpur, District- Patna.
26. Dilip Kumar Son of Rameshwar Prasad Gond, Resident of Ward No. 18,
Bara Sheikhpura, Near Ksheel Talab, P.S.- Madhupur, District- Deoghar.
27. Anil Kumar Ram Son of America Ram, Resident of Village- Maney Mani,
P.S.- Ekma, District- Saran.
28. Dinesh Kumar Son of Jageshwar Ram, Resident of Village- Jamri, Post-
Civil Aerodram, Gaya, Thana- Cherki, District- Gaya.
29. Ranjana Krishnan Son of Kailash Ram, Resident of Village- Tarabag Banu
Chapra, West Champaran, P.S. and District- Bettiya.
30. Ravi Raushan Son of Brajendra Kumar Srivastava, Resident of Village and
P.O. and P.S.- Mahidwada, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar the Additional Chief Secretary, Consumer Protection
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, General Administration, Government of
Bihar, Patna.
3. The Board of Director, Bihar State Food and Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Ray Path, R Block, Patna- 800002
through its Managing Director.
4. The Managing Director, Bihar State Food and Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Ray Path, R Block, Patna- 800002
5. Administration In Chief, Bihar State Food and Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Ray Path, R Block, Patna- 800002
6. Nodal Officer, Food and Consumer Protection Department, Government of
Bihar, Patna.
7. The Chairman, Bihar Combined Entrance Competitive Examination Board,
BCECE Board, IAS Association Building, Near Patna Airport, Patna-
800014
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the State : Mr. Pawan Kumar, A.C. to A.G.
For the BSFC : Mr. Anjani Kumar, Sr. Advocate (AAG-4)
Patna High Court CWJC No.463 of 2023 dt.07-10-2023
Ms. Anukriti Jaipuriyar, Advocate
For the BCECEB : Mr. Prasoon Sinha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-10-2023
The writ petition is filed challenging the rule which
incorporated a direct recruitment to the post of Assistant
Accounts Officer. The rule is in the Office Order of the Bihar
State Food & Civil Supplies Corporation Ltd. and the
amendment introduced reads as under:-
"Accountant Cadre (Recruitment, Promotion
and Service Conditions) Rules- 2018-Approved
with modification that 20 post of AAO shall be
filled up by direct recruitment and remaining 19
by promotion only" (Annexure-II)"
2. Learned counsel for the petitioner specifically
points out that this is in contravention with the other provisions
in the rule.
3. We specifically refer to Rule 5 which speaks of
recruitment in the cadre. Rule 5 reads as under:-
"5. Recruitment in the cadre:- (1) The
Post of Accountant shall be the basic post of
entry in the Cadre, which shall be filled up by
direct recruitment by adopting a merit based
process of competitive examination.
The Corporation will requisition
category wise vacancies on the basis of
reservation. Age qualification will be
Patna High Court CWJC No.463 of 2023 dt.07-10-2023
requisitioned as on 1st January of the
advertisement year.
(2) The educational qualification and
qualification for recruitment and the process of
recruitment will be as per the provisions of
Appendix-2. The Cadre Controlling authority
may make amendment in provisions of the said
appendix by issuing notification time to time."
4. It is the submission of the learned counsel for the
petitioners that when direct recruitment to the cadre can be
made only to the post of Accountant, there cannot be a direct
recruitment prescribed in the higher post of Assistant Accounts
Officer to which the Accountants were to be promoted prior to
the said amendment.
5. We first notice the trite principle that, reduction in
chances of promotion cannot lead to a challenge to the rule. The
provision for direct recruitment is for better administration
which the employer is entitled to definitely bring in. As far as
the contravention of the other provisions of the rule, we have to
notice that as per Rule 5 it has only been stated that the post of
Accountant shall be the basic post of entry in the cadre to which
post, direct recruitment is stipulated. This only indicates that the
Accountant is the first post of entry but this does not prohibit a
direct recruitment in any of the higher posts. The amended rule
according to us is perfectly valid and needs no interference.
Patna High Court CWJC No.463 of 2023 dt.07-10-2023
6. The writ petition stands dismissed.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 10.10.2023
Transmission Date
