Deepak Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6326 of 2014 =========================================================== Deepak Kumar, Son Of Chhathu Prasad, R/O Village + P.O.- Mahuari, ThanaSonhan, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Deputy Collector, Gopalganj

3. The District Officer, Gopalganj

4. The Public Information Officer, Collectoriate, Gopalganj

5. The Additional Collector, Gopalganj

6. The State Information Commissioner, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Respondent/s : Mr. GP18- Vivek Prasad =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-03-2016 Heard learned counsel for the petitioner and counsel for the State.

The grievance of the petitioner that his claim for appointment on a class-iv post has been rejected on a totally arbitrary and extraneous reasons seems to be borne out from the fact that the advertisement, contained in Annexure- 2, only talks of giving preference to experience, but non-production of experience certificate is not a disqualification . Petitioner was short-listed and placed at Sr. No. 115 of the panel prepared by the district authorities of Gopalganj. Preference only means that if two people are equally placed the one with experience will be given wieghtage, but nonproduction of experience certificate does not disqualify the petitioner

Patna High Court CWJC No.6326 of 2014 dt.30-03-2016 2/2 in any manner, because the advertisement does not talk in terms of the said eligibility as mandatory.

The stand of the State, therefore, is totally irrational and arbitrary. The respondent-District Magistrate, Gopalganj is directed to consider the claim of the petitioner for such appointment, even if he has not produced any experience certificate, based on his performance and deliberation done for preparation of the panel in question. Such a decision must be taken within a period of three months from the date of communication / production of a copy of this order.

Writ application is allowed in terms of above. (Ajay Kumar Tripathi, J) SKM/- U