Kaushal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23071 of 2019 ====================================================== Kaushal Kumar Singh, Son of Vakil Singh, resident of Village- Nawada, P.O.- Mukarera, Police Station- Rivilganj, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, the General Administration Department, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Saharsa. 4.

The Additional District Magistrate, Saharsa.

5.

The Deputy Election Officer, Saharsa.

6.

The Senior Incharge Officer, Vehicle Cell Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Adv.

Mr. Santosh Kumar, Adv.

For the Respondent/s :

Mr. Rakesh Kr. Shrivastava, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-01-2020 The petitioner is seeking a direction for his regular appointment as per the availability of vacancy on the ground that he is a daily wage employee against Class-IV post and had submitted his application pursuant to an advertisement issued by the Collectorate of Saharsa for filling up of Class-IV posts in the Collectorate of Saharsa and other connected offices. In my opinion, the grievance, which the petitioner has raised in the present writ application, is squarely covered by a decision of this Court dated 18.12.2019 in CWJC No. 18612 of 2019 (Kapil Kumar vs. The State of Bihar) and other analogous

2/4 cases. Paragraphs 28 and 29 read thus :- "28. Noticing the constitutional provisions and the law as declared by the Supreme Court referred to above, in my opinion, the advertisement to the extent it allows preference under sub-clause (1)(2) (3)(4)(5) and (6) of Clause 7 are held to be illegal, violative of Articles 14 and 16 of the Constitution of India and are struck down accordingly. Though, it may be open for the respondents to allow some reasonable weightage on rationale basis for those having work experience after having been selected through a transparent process of selection, the work experience as daily wager simpliciter cannot itself be the sole/ main criteria for selection and appointment. The respondents are obliged to follow a fair process of selection in accordance with the statutory rules and constitutional mandate.

It is noteworthy that though the rules have been framed for selection and appointment against Class-IV (Group-D) posts, no clear and definite process of selection has been laid down, therein.

3/4 be violative of the guarantee enshrined under Article 16 of the Constitution, as held in case of UPSC vs. Girish Jayanti Lal Vaghela (supra).

29. These writ applications are accordingly disposed of with specific direction to the respondents, particularly, the Additional Chief Secretary/ Principal Secretary, General Administration Department, Government of Bihar, Commissioner, Magadh Division, Gaya and the District Magistrate, Gaya to ensure that the process of selection through the advertisement in question is completed by adopting a fair procedure. In my opinion, holding of written examination of the candidates who have applied against the said advertisement would be a fair procedure for preparation of merit-list, in the absence of any provision in the Rules. This, in my opinion, would ensure transparency in the process of selection.

Since the advertisement was issued more than six years ago, the respondents are directed to conclude the process of selection and appointment against such posts, which were available on the date of issuance of advertisement, within a period of three months from today.

4/4 16 of the Constitution is undertaken on regular basis, after advertising number of post, so that the persons acquiring eligibility after the initiation of one selection process have a chance to seek and participate in subsequent selection processes. This practice of fairness in the process of selection for filling up public posts generates faith in the hearts and minds of the citizen in the governance, laws and the Constitution."

The said decision in case of Kapil Kumar (supra) relates to the district of Gaya. The present case, which relates to the district of Saharsa, is identical in nature and stands disposed of accordingly.

(Chakradhari Sharan Singh, J) Rajesh/- U