Patna High Court
Krishna Gopal & Ors vs The State Of Bihar & Ors on 14 March, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.706 of 2012
===========================================================
1. Jawahar Lal Singh S/O Late Deoraj Singh R/O Village- Goura, P.O.- Sanjhouli,
P.S.- Sanjhouli, District - Rohtas
2. Panchanand Singh S/O Late Yadunandan Singh R/O Village- Rupchand Bigha,
P.O.- Babu, P.S.- Daudnagar, District- Aurangabad
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Health And Family Welfare Department, Government
Of Bihar, Patna
3. The Director-In-Chief Health Services, Government Of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, The Bihar Staff Selection Commission, Patna
6. The Secretary, The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 919 of 2012
===========================================================
1. Surendra Kumar S/O Ram Briksha Singh R/O Village + P.O.- Raili, Via-
Belaganj, District- Gaya
2. Nand Kishore Singh S/O Sahdeo Mahto R/O Village + P.O.- Baha Chouki,
District- Munger
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Health & Family Welfare Department, Government Of
Bihar, Patna
3. The Director-In-Chief Health Services, Government Of Bihar, Patna
4. The Bihar Staff Selection Commission Through Its Secretary Vetenary College
Campus, Patna
5. The Chairman The Bihar Staff Selection Commission, Vetenary College
Campus, Patna
6. The Secretary The Bihar Staff Selection Commission, Vetenary College
Campus, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 1902 of 2012
===========================================================
Nand Kishore Singh Son Of Late Narayan Singh Resident Of Pansalwa, P.S.-
Peldore, District-Khagaria
.... .... Petitioner/s
Versus
Patna High Court CWJC No.706 of 2012
-2-
1. The State Of Bihar
2. The Principal Secretary, Health And Family Welfare Department, Govt. Of
Bihar, Patna
3. The Director-In-Chief, Helath Services, Govt. Of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, The Bihar Staff Selection Commisison, Patna
6. The Secretary, The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 8104 of 2012
===========================================================
Sanjay Kumar Jha S/O Yasodhar Jha Resident Of Village-Narkatiya, P.O.
Gouripur, P.S. Thana Bihpur, District-Bhagalpur
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health And Family Welfare Department, Government
Of Bihar, Patna
3. The Director-In-Chief, Health Services, Government Of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, The Bihar Staff Selection Commission, Patna
6. The Secretary, The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 8665 of 2012
===========================================================
Arun Kumar Son Of Styendra Kumar Resident Of Mohalla-Payjabaper, Ps Barh,
Dist.-Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health Services, Government Of Bihar, Patna
3. The Director-In-Chief, Health Services Government Of Bihar, Patna
4. The Secretary, Bihar Staff Selection Commission, Patna
5. The Chairman, Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 19513 of 2011
===========================================================
1. Kishore Kumar S/O Gopal Jee Lal Resident Of Rosera Ghat, P.S. Rosera,
District-Samastipur.
2. Chandra Mohan Lal Das S/O Late Chiranjiv Lal Das Resident Of Village-
Kaisth Kabai, P.S. Manigachhi, District-Darbhanga.
3. Nilambar Kumar S/O Sri Parmanand Singh Resident Of Mohalla-Rukanpura,
Patna High Court CWJC No.706 of 2012
-3-
P.S. Hawai Adda (Shastri Nagar), District-Patna.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Health And Family Welfare Department, Government
Of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government Of Bihar, Patna.
4. The Bihar Staff Selection Commission, Patna Through The Secretary.
5. The Chairman, The Bihar Selection Commission, Patna.
6. The Secretary, The Bihar Staff Selection Commission, Patna.
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 21636 of 2011
===========================================================
1. Kaushal Kishore Sharma S/O Sri Sheo Shankar Sharma Resident Of Village-
Ithori, P.O- Mahimapur, P.S- Tekari, District- Gaya.
2. Vishwanath Kumar S/O Suraj Dayal Singh Resident Of Village- Jamhuria Via
Usari, District- Jehanabad.
3. Ram Anugrah Prasad S/O Late Mahabir Pd. Village- Tilaya, P.S- Chabilapur,
District- Nalanda.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Health And Family Welfare Department,
Government Of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government Of Bihar, Patna.
4. The Bihar Staff Selection Commission, Patna.
5. The Chairman, The Bihar Staff Selection Commission, Patna.
6. The Secretary, The Bihar Staff Selection Commission, Patna.
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 22155 of 2011
===========================================================
1. Baleshwar Singh Son Of Late Chandra Deep Singh Resident Of Village
Ismailpur Post Office Siserpura, Police Station Parsa Bazar, Distt. Patna
2. Umesh Prasad Son Of Late Kailash Prasad Resident Of Vill. Baharibigha P.O.
Lalbigha, P.S. Kashichak Distt. Nawadah
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health Services, Government Of Bihar, Patna
3. The Director-In-Chief , Health Services Government Of Bihar, Patna
4. The Secretary, Bihar Staff Selection Commission, Patna
5. The Chairman, Bihar Staff Selection Commission, Patna
.... .... Respondent/s
Patna High Court CWJC No.706 of 2012
-4-
with
Civil Writ Jurisdiction Case No. 22890 of 2011
===========================================================
1. Surendra Kumar Sinha S/O Ram Sharan Sinha R/O Village + P.O.- Dharampur,
P.S.- Nursarai, District- Nalanda
2. Surendra Prasad Singh S/O Saryu Prasad Singh R/O Diwan Mohalla, Khagar
Gali, Sarvoday Colony, Patna
3. Ajay Kumar S/O Late Jagdish Prasad R/O Chaili Tand, P.O.- Gulzarbagh,
Patna-800007
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary Health & Family Welfare Department, Government Of
Bihar, Patna
3. The Director-In-Chief Health Services, Government Of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman The Bihar Staff Selection Commission, Patna
6. The Secretary The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 17455 of 2011
===========================================================
1. Binod Kumar Singh, S/o Sri Vishwanath Singh, Resident of Village-Madhe,
P.S.-Navinagar, District- Aurangabad.
2. Madan Prasad Singh, S/o Sri Jag Narayan Singh, Resident of Village and P.O.-
Sahejani Hasan Bazar, P.S.- Piro, District-Bhojpur.
3. Ravi Shekhar Pandey, S/o Late Rambriksha Pandey, Resident of Village-Arati,
P.S.-Sarai, District-Vaishali.
4. Syed Md. Mansoor Farid, S/o Late S.M. Zafar Farid, Resident of Mohalla-
Jamuna Gali, P.S.-Pirbahore, District- Patna.
5. Amitabh Kumar, S/o Late Lalit Mohan Prasad, Resident of Mohalla- Makhania
Kuan, P.S.-Pirbahore, District- Patna.
6. Kamlesh Kumar Sharma, S/o Late Sidhnath Sharma, Resident of Village and
P.O. Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna.
7. Arbind Kumar Singh, S/o Late Nagendra Gandhi Singh, Resident of K.G. Road,
P.S.- Nawada District- Bhojpur.
8. Hrishikesh Sharma S/o Ramanand Sharma, Resident of Village-Chawari, P.S.-
Dhanchhu, District- Bhojpur.
9. Sunil Kumar Sinha S/o Sri Uma Shankar Prasad, Resident of Village Shahi
Niwas, New Colony, Jail Hata, P.S.-Daltanganj Town, District- Palamu
(Jharkhand)
10. Suhir Kumar Singh Shastradhar S/o Late Umeshwar Singh, Resident of Village-
Sakri Gali, P.O.-Gulzarbag, P.S.-Alamganj, District- Patna.
11. Arun Kumar Singh, S/o Sri Rajendra Prasad Singh, Resident of Village + P.O.-
Bijulia, P.O.-Bijulia, P.S.-Samho, District-Begusarai.
12. Gayan Nand Pandey, S/o Sri Indradeo Pandey, Resident of Village land P.O.
Obera, P.S.-Obera, District- Aurangabad.
13. Gyan Prakash, S/o Saryug Mahto, Resident of 7/C/3, Anandpuri, West Boring
Patna High Court CWJC No.706 of 2012
-5-
Canal Road, P.S.- Sri Krishnapuri, District- Patna.
14. Pratap Kumar Sinha, S/o Late Sheo Shankar Prasad, Resident of Village-Badi
Machhua Toli, Near Danapur Cantt. P.S.-Danapur, District- Patna.
15. Satish Chandra Prasad, S/o Late Baidyanath Prasad, Resident of Village- Pank,
Jairampur More, P.S.-Barbigha, District- Sheikhpura.
16. Umesh Prasad Singh, S/o Sri Saryug Singh, Resident of Village-Sahiyara, P.S.-
Sahiyara, District- Sitamarhi.
17. Chandra Mauleshwar Mishra, S/o Late Maheshwar Mishra, Resident of A/4,
Agriculture Colony, Behind-IGIMS, P.S.-Shastri Nagar, District- Patna.
18. Samrendra Kumar, S/o Late Jhmru Thakur, Resident of Village-Dayalpur, P.O.-
Jhandapur, P.S.-Bihpur, District- Bhagalpur.
19. Shyam Sundar Bhagat, S/o Late Ganesh Bhagat, Resident of Village and P.O.-
Masumganj, P.S.- Tarapur, District- Munger.
20. Satya Nand Rai, S/o Late Dularu Rai, Resident of Village and P.O.-Rampur
Rajiara, P.S.-Hasanpur, District-Samastipur.
21. Mithilesh Kumar Singh, S/o Harendra Singh, Resident of Village-Kharika
(South), P.S.-Bidupur, District-Vaishali.
22. Koushal Kumar Sinha, S/o Sri Nanhe Prasad Singh, Resident of Village-Prema
Bigha, P.S.-Paliganj, District- Patna.
23. Anand Swaroop Batsa, S/o Jitendra Narayan Singh, Resident of Village-
Sorampur, P.S.-Dulhin Bazar, District- Patna.
24. Rajendra Yadav, S/o Sri Raj Kishore Yadav, Resident of Village-Atarsan Tola,
P.S.-Rasulpur, District- Sara.
25. Md. Arif Khan, S/o Late Md. Ian Kha, Resident of Mohalla-Faizullah, Khan Jan
Manzil, P.S.Laheria Sarai, P.O. & District- Darbhanga.
26. Parma Nand Singh, S/o Late Ram Kailash Singh, Resident of Village-Garura,
P.S.-Sanjhauli, District-Rohtas.
27. Rajeev Ranjan Mishra, S/o Sri Basuki Nath Mishra, Resident of Village and
P.O.-Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna.
28. Chandra Bhushan Prasad, S/o Late Basant Singh, Resident of Village + P.O.-
Nagarnausa, P.S.- Nagarnausa, District- Nalanda.
29. Arbind Kumar Pandey, S/o Jag Mohan Pandey, Resident of Village + P.O.-
Mahuon, P.S.-Bihian, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State Of Bihar & Ors.
2. The Principal Secretary Health and Family Welfare Department, Government
of Bihar, Patna.
3. The Director-in-Chief, Health Services, Government of Bihar, Patna.
4. The Bihar Staff Selection Commission, Patna.
5. The Chairman, The Bihar Staff Selection Commission, Patna.
6. The Secretary, Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 194 of 2012
===========================================================
1. Bharteshwar Prasad S/O Late Jitan Mahto R/O Village- Dumrawan, P.O.-
Dumrawan, Police Station- Deep Nagar, District- Nalanda
2. Ram Krishna Kumar Verma S/O Late Prasadi Lal R/O Village- Dumrawan,
P.O.- Dumrawan, Police Station- Deep Nagar, District- Nalanda
Patna High Court CWJC No.706 of 2012
-6-
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary Health Services, New Secretariat, Vikash Bhawan,
Bihar, Patna-15
3. The Director, Health Services New Secretariat, Vikash Bhawan, Bihar, Patna-
15
4. The Bihar Staff Selection Commission, Patna through Its Secretary
5. The Chairman, Bihar Staff Selection Commission, Patna.
6. The Secretary, Bihar Staff Selection Commission, Patna
7. Mukesh Kumar, S/o Late Baidyanath Singh R/o Mdhurapuri, P.S.-Teghra,
Begusarai.
8. Nitin Mukesh, S/o Late Mundrika Prasad Singh, R/o Gur ki Mandi, Patna City,
P.S.-Alamganj, Patna.
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 21768 of 2011
===========================================================
1. Birendra Kumar Son of Dodraj Prasad Resident of Village Jorarpur, P.S. Deep
Nagar, District Nalanda.
2. Anil Kumar Sinha Son of Late Tilak Deo Prasad Resident of Village
Toofangan, P.S. Sohsarai, District Nalanda At Present Residing At Mohalla
Bhaisasur, P.S. Bihar, District Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary Department of Health Government of Bihar New
Secretariat, Patna.
3. The Director Department of Health Government of Bihar New Secretariat,
Patna.
4. The Bihar Staff Selection Commission Bihar Sheikhpura Patna Through Its
Secretary.
5. The Chairman Bihar Staff Selection Commission, Bihar Sheikhpura, Patna.
6. The Secretary, Bihar Staff Selection Commission, Bihar Sheikhpura, Patna.
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 21772 of 2011
===========================================================
Ravindra Kumar Sinha Son of Sikandra Sharma Resident of Village - Gokhula,
P.O. Bara , P.S. Bhagwangnj, Dist- Patna
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health And Family Welfare Department, Government
of Bihar, Patna
3. The Director In Chief Health Services, Government of Bihar, Patna
Patna High Court CWJC No.706 of 2012
-7-
4. The Secretary Bihar Staff Selection Commission, Patna
5. The Chairman, The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 18042 of 2011
===========================================================
1. Rameshwar Rai S/O Sri Ram Avtar Rai Resident of Village H.B. Ka Tola, P.O.
Bhadwar, P.S. Chandi, District- Bhojpur
2. Subhash Chandra Sharma S/O Sri Ayodhya Sharma Resident of Village-
Laldih, P.S. Ghatshila, District- East Singhbhum (Jharkahnd)
3. Shishir Kumar Singh S/O Late Rajeshwar Singh Resident of Village -
Sheikhpura, P.O.- B.V. College, District- Patna
4. Shashi Bhushan Sharma S/O Sri Ram Dutt Singh Resident of South Dumra,
Raja Bazar, P.O. B.V. College, Distt. Patna
5. Ram Suresh Choudhsry S/O Late Tej Narayan Choudhary Resident of Village-
Shhansram, P.S. Biroul, District- Darbhanga
6. Ajay Kumar Singh S/O Sri Kedar Singh R/O Khamhar, P.S.- Muffasil, Dist-
Begusarai
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health And Family Welfare Department , Government
of Bihar, Patna
3. The Director-In-Chief, Health Services, Government of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, The Bihar Staff Selection Commission, Patna
6. The Secretary, The Bihar Staff Selection Commission, Patna
.... .... Respondent/s
with
Civil Writ Jurisdiction Case No. 19965 of 2011
===========================================================
1. Krishna Gopal Son of Sri Ram Pariksha Sharma Resident of Village-Derhsaiya,
P.O. Hati, P.S. Kako, Dist.-Jehanabad.
2. Dhanjay Kumar Son of Sri Ram Sakal Sharma Resident of Village-Derhsaiya,
P.O. Hati, P.S. Kako, Dist.-Jehanabad.
3. Manoj Kumar Son of Sri Bhagirath Sharma Resident of Village-Biman, P.O.
Biman, P.S. Ariyari, Dist.-Sheikhpura.
4. Umesh Kumar Son of Late Ganga Prasad Resident of Village-Jamuni Chak,
P.O. Barhi (Railway Station), P.S. Barh, Dist.-Patna.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. The Principal Secretary, Health And Family Welfare Department, Government
Of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government Of Bihar, Patna.
4. The Secretary, Bihar Staff Selection Commission, Patna.
5. The Chairman, The Bihar Staff Selection Commission, Patna.
Patna High Court CWJC No.706 of 2012
-8-
.... .... Respondent/s
===========================================================
Appearance :
(In CWJC No. 706 of 2012)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. RAJESH SINGH GP16
(In CWJC No. 919 of 2012)
For the Petitioner/s : Mr. PURUSHOTTAM KUMAR JHA
For the Respondent/s : Mr. MD. N. HODA KHAN SC18
(In CWJC No. 1902 of 2012)
For the Petitioner/s : Mr. KAMLESH KUMAR PATHAK
For the Respondent/s : Mr. RAJESH KR.VERMA SC27
(In CWJC No. 8104 of 2012)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. RAJIV KUMAR SINGH GP2
(In CWJC No. 8665 of 2012)
For the Petitioner/s : Mr. SHANKAR KUMAR
For the Respondent/s : Mr. DEVENDRA KR SINHA AAG2
(In CWJC No. 19513 of 2011)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. RAVINDRA KR CHOUBEY SC8
(In CWJC No. 21636 of 2011)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. SUNIL KR. MANDAL SC24
(In CWJC No. 22155 of 2011)
For the Petitioner/s : Mr. SHANKAR KUMAR
For the Respondent/s : Mr. SANJAY KR NO.2 GA5
(In CWJC No. 22890 of 2011)
For the Petitioner/s : Mr. PURUSHOTTAM KUMAR JHA
For the Respondent/s : Mr. NEELU AGRWAL GA6
(In CWJC No. 17455 of 2011)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. KUMARI AMRITA GP10
(In CWJC No. 194 of 2012)
For the Petitioner/s : Mr. UMESH KUMAR VERMA
For the Respondent/s : Mr. VINAY KRITI SINGH SC5
(In CWJC No. 21768 of 2011)
For the Petitioner/s : Mr. SANJEEV KUMAR MISHRA
For the Respondent/s : Mr. V.M.K SINHA AAG13
(In CWJC No. 21772 of 2011)
For the Petitioner/s : Mr. SHANKAR KUMAR
For the Respondent/s : Mr. AJAY SC11
(In CWJC No. 18042 of 2011)
For the Petitioner/s : Mr. SUBODH KUMAR JHA
For the Respondent/s : Mr. S.A. ALAM SC3
(In CWJC No. 19965 of 2011)
For the Petitioner/s : Mr. SHANKAR KUMAR
For the Respondent/s : Mr. AMAR NATH DEO SC26
===========================================================
CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
CAV JUDGMENT
Patna High Court CWJC No.706 of 2012
-9-
Date: 14-03-2014
These fifteen writ applications involve only one question as
with regard to relaxation of age for appointment on the post of
Pharmacist and, therefore, they have been heard together and are
being disposed of by this common judgment.
2. The facts giving rise to these writ applications lie in a
very narrow compass, inasmuch as, the post of Pharmacist in the
Health Department of the Government of Bihar having been not filled
up at least from 1990 onwards, a few diploma holders in Pharmacy
had initially moved this Court by filing their writ application, CWJC
No. 4302 of 1998 with a prayer for issuance of a direction to the State
of Bihar for filling up the post of Pharmacist as also discontinuing the
existing arrangement of taking work from unqualified persons on the
post of Pharmacist.
3. This Court by an order dated 21.7.1999, after considering
the stand of the respondent State of Bihar, had directed the
Commission-cum-Secretary of the Health Department to decide the
grievance of the petitioners of CWJC No. 4302 of 1998. It was made
clear by this Court that if the vacancy on the post of Pharmacist in one
or the other surgency was being manned by ad-hoc arrangement for
years together and have not been filled up on regular basis, direction
would be issued to the competent authority to fill up such post of
Patna High Court CWJC No.706 of 2012
- 10 -
Pharmacist after preparation of advertisement in accordance with law
within a period of four months from the date of receipt of the
representation of the writ petitioners of CWJC No. 4302 of 1998. It
was further directed that the process of selection and appointment for
filling up the vacant post of Pharmacist be completed within a period
of one year from the date of filing of the representation by the
petitioners. Before parting with, this Court in the order dated
21.7.1999had also observed that if the post of Pharmacist have not been filled up for years together and, thereby, eligible candidates were deprived to apply for such post, the question of relaxation of age for such persons become over-aged should also be considered.
4. It is not in dispute that pursuant to the aforesaid order, this Court dated 21.7.1999 in CWJC No. 4302 of 1998, an exercise was undertaken by the Health Department which, having found that there were 1059 vacancies in all on the post of Pharmacist, had issued an advertisement in the Newspaper on 25.1.2000 wherein the clause of age limit was prescribed to be minimum eighteen years and maximum 35 years as on 31.12.1999 with specific rider that relaxation in the maximum age limit shall be admissible to the candidates of reserved category as also to the persons eligible to get such relaxation in terms of the aforesaid order of this Hon'ble Court dated 21.7.1999 in CWJC No. 4302 of 1998.
Patna High Court CWJC No.706 of 2012
- 11 -
5. As the turn of events could have its own impact, the erstwhile State of Bihar was bifurcated with effect from 15.11.2000 and the advertisement for the post of Pharmacist issued on 25.1.2000 was happily forgotten despite direction of this Court to fill up the vacant post of Pharmacist within a period of one year from the date of filing of the representation by the petitioners of CWJC No. 4302 of 1998, which in fact had expired well before 15.11.2000. Thus, the officials of the Health Department of the Government of Bihar had clearly violated the order of this Court dated 21.7.1999, firstly by not deciding the issue of relaxation of age and secondly by not completing the process of selection and for this purpose, it would be now relevant to quote the order of this Court dated 21.7.1999 in CWJC No. 4302 of 1998, wherein, the relevant portion of the direction whose violation was made by the officials of the State of Bihar has been underlined for emphasis by this Court:-
"The petitioners, who claim to be diploma holders in pharmacy, eligible for appointment to the post of pharmacists, have preferred this writ petition for direction on the respondents to fill up the posts of pharmacists in accordance with law with further direction to prohibit them from taking work on the basis of stop gap arrangement from amongst unqualified persons.
It is alleged that altogether 2000 vacancies are available in different surgencies as admitted by Hon'ble Minister on 9.7.1996 but the posts have not been filled up after due advertisement giving opportunity to eligible, qualified Patna High Court CWJC No.706 of 2012
- 12 -
candidates like petitioners. One or other advertisement was issued in the year 1992 from Jehanabad Siwan, Giridih and Sahibganj surgencies but in pursuance of such advertisement, no posts have been filled up till date. They have enclosed a copy of representation preferred by them in this respect and also enclosed Annexure-4 to show that number of ineligible candidates are being allowed to function as pharmacist by way of stop gap arrangement for years together.
In the facts and circumstances, I feel that the matter should be decided by the Commissioner-cum-Secretary, Health Department at first instance. The petitioners will file a representation before the Secretary, Health Department, who in his turn will enquire from different surgencies as to how many posts of pharmacists are vacant and are being manned by way of adhoc arrangement. On receipt of such information, if it is found that certain posts of pharmacist in one of other surgency is being manned by way of adhoc arrangement for years together and have not been filled up on regular post, he will direct the competent authority to fill up such posts after due advertisement, in accordance with law.
A decision in this respect be taken and step as may be ordered to be taken by the Secretary, Health Department and communicated to the petitioners within a period of four months from the date of receipt of such representation. If the vacant posts of pharmacists are being manned by way of adhoc arrangement, the said posts are required to be filled up after due advertisement, in accordance with law, preferably within a period of one year from the date of receipt of such representation.
If the posts of pharmacists have not been filled up for years together and thereby deprived eligible candidates to apply in such case the question of relaxation of age of persons be also considered, who have become over age in the meantime.
Patna High Court CWJC No.706 of 2012
- 13 -
The writ petition stands disposed of, with the aforesaid observations."
(underlining for emphasis)
6. As a matter of fact, after six years, yet another advertisement was issued on 7.4.2006 in the newspaper for appointment of 1116 posts of Pharmacist in which the age limit again was fixed in a separate panel. In the said advertisement issued in the year 2006, the cut-off date in computation of age was kept as on 1.8.2003 and the minimum age was 18 years whereas maximum age for the General Category was 35 years with similar provision for relaxation of age in the case of reserved category. What is, however, significant to be noted here is that in the advertisement dated 7.4.2006, not a word was mentioned about the order of this Court with regard to giving relaxation of age presumably because in the meantime, the cadre rules, namely, Bihar Pharmacist (Prakriya, Seva Sart & Bharti) Niyamawali, 2004 had come into force. It is all the more significant to note here that in the said advertisement by referring to clause 1.6 of the aforesaid 2004 Rules of recruitment, it was mentioned that selection would be made on the basis of performance in the written test for which 85 marks were allocated and remaining 15% was for the interview.
7. It appears that the terms of advertisement were assailed in a number of writ applications being CWJC No. 11405 of Patna High Court CWJC No.706 of 2012
- 14 -
2004 and its analogous cases and this Court, by an order dated 14.11.2007, had disposed of all of them in view of the undertaking given to this Court that a separate selection test for applicant of advertisement no. 22/Pharma-1/99 (the advertisement dated 25.1.2000) and to that extent, it would be again useful to extract the order of this Court dated 14.11.2007 in CWJC No. 11405 of 2004 and its analogous cases, which reads as follows:-
"These writ applications for having common controversy are heard together and being disposed of by this common order with the consent of the parties.
Heard learned counsel for the petitioners, State and also the counsel appearing on behalf of respondent no.5.
A fourth supplementary counter affidavit has been filed on behalf of respondent no.3 stated in paragraph 5 to the effect that the department of health has resolved the controversy and decided to hold separate selection test for applicants of the advertisement no. 22/Pharma-1/99 (Annexure-6 of CWJC No. 11405 of 2004). Paragraph 5 of the aforesaid fourth supplementary counter affidavit is quoted below:-
"That it is submitted that the Health Department has decided to hold a separate selection test for the applicants of advertisement No. 22/Pharma-1/99 against vacant sanctioned posts of pharmacists remaining in the State after the bifurcation of the two successor State of Bihar and State of Jharkhand till 1999."
The petitioners filed the above writ application for commanding the Respondent-State to complete the process of Patna High Court CWJC No.706 of 2012
- 15 -
the appointment on the post of Pharmacists in terms of the advertisement No. 22/Pharma-1/99 pursuant to the order of this court passed on 21st of July 1999 in C.W.J.C. No. 4302 of 1998 without delay. The respondents-State after good deal of endeavour has now finally decided that the Department of Health shall be holding a separate selection test for the appointment in terms of the aforesaid advertisement as contained in Annexure-6.
In view of the statement made in paragraph-5 of the 4th supplementary counter affidavit filed on behalf of State, the petitioners have no further grievance to be considered in this writ application.
In view of the above stand of the State as stated in paragraph 5 of the above affidavit, the writ application are disposed of directing the respondent nos. 1 to 4 to hold a separate selection test for the applicants of Advertisement no. 22/Pharma-1/99 (Annexure-6 of CWJC No. 11405 of 2004) and fill up the vacancies in accordance with the terms and conditions mentioned in the said advertisement with respect to the available vacancies against the sanctioned post of Pharmacists remaining in the State of Bihar after the bifurcation of the State of Bihar under Bihar Reorganization Act till the year 1999 i.e. the date of advertisement.
The above exercise and the final appointment of the selected candidates be made and completed within a period of six months from today.
A Copy of the order be handed over to JC to AAG-II as also to the counsel appearing on behalf of respondents no. 5 for expeditious action in the matter.
All the writ applications are accordingly disposed of with the aforesaid observations/directions."
8. It would, therefore, be found from the order of this Court dated 14.11.2007 that first of all the advertisement dated Patna High Court CWJC No.706 of 2012
- 16 -
25.1.2000 being advertisement no. 22/Pharma-1/99 was revived with only rider that all the posts which were included in the aforementioned advertisement, only the remaining posts of Pharmacist which had been existing in the truncated State of Bihar till the year 1999 will be filled up within a period of six months i.e. on or before 14.11.2008.
9. The period of six months also expired and in fact, when the series of contempt applications being MJC No. 1750 of 2008 and its analogous cases as well as writ application CWJC No. 3107 of 2009 came to be filed due to non-compliance of the direction given by this Court in the order dated 14.11.2007, a number of pleas were raised on behalf of the State Government and the Staff Selection Commission including issue of holding the written test for filling up the post of Pharmacist vide a communiqué dated 3.2.2009 and this Court having examined all such plea of the respondent State of Bihar and Bihar Staff Selection Commission had gone to hold that the decision of the Commission for holding of the written test was not justified and the contempt application as also the writ applications were disposed of with the following direction:-
"On conjoint reading of the aforesaid clauses of the advertisement it is manifest that the minimum qualification for appointment of Pharmacist in question is matriculate with diploma in pharmacy and having got registered with the Bihar State Pharmacy Council. The qualification matriculate with Patna High Court CWJC No.706 of 2012
- 17 -
diploma in pharmacy is the minimum, and as such, candidates possessing higher technical qualification can not be said to be ineligible. Therefore, the candidates have higher qualification are equally entitled to receive consideration for the appointment in question in terms of the advertisement. On considering the aforesaid clause 7 it is also manifest that the selection and appointments of the eligible candidates are to be made on the basis of the interview of the candidates suitable for the job. The necessity of adopting any other mode of screening including written test is called for only in case the number of candidates are large in number and interview of such large number of candidates may not be conveniently possible without down sizing the number of eligible candidates. It is relevant to note the fact that as per the stand of the State, the total number of candidates is about 1800 although according to the petitioner the eligible candidates are 761 only. Therefore, even accepting the number of eligible candidates as indicated by the State, the candidates for interview calling even three times of number of vacancies which are 771, a fact not in dispute the number of candidates can not be said to be large in number and may not be possible to hold interview of the candidates conveniently. Therefore, in terms of the advertisement in question the selection and appointment in question is to be made on the basis of the interview and no written examination is called for in view of the facts of the present case.
In view of the discussions made above, the interim order passed by this Court dated 20.05.2009 passed in C.W.J.C. No. 3107 of 2009 stands vacated and the press communiqué dated 06.05.2009 as contained in Annexure-F of the interlocutory application to the said writ application is quashed. This Court in the interest of justice, passes the following orders/directions :
(I) The Chairman of the Staff Selection Commission, Bihar Patna shall ensure that the scrutiny of the applicants who made applications pursuant to Advertisement no. 22/pharma/1/99 dated 25.01.2000 for appointment on the post of pharmacists is Patna High Court CWJC No.706 of 2012
- 18 -
completed by 30th of January, 2010.
(II) Immediately upon the scrutiny and preparation of the list of eligible candidates in terms of the advertisement, the candidates should be issued interview letters indicating the date of interview. The interview of the eligible candidates be completed by 15th of March 2010.
(III) The list of selected candidates recommended for appointment shall be sent to the Commissioner-cum-Secretary, Health Department, Govt. of Bihar, Patna so as to reach him by 30th of March, 2010. The Commission shall publish the list of selected candidates for appointment at least in two of the daily newspapers published from Patna.
(IV) The Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna shall ensure that the appointment letters in respect of the selected candidates are issued indicating the place of their postings so that the appointed candidates may join their respective posts by 30th of April, 2010.
All the above contempt applications as also writ application are, accordingly, disposed of with the above observations/directions."
10. This Court, therefore, while issuing the aforesaid direction had expected that the appointed candidates on the post of Pharmacist could join their respective post on or before 30.4.2010 but then as the turn of events would now go to show the Bihar State Selection Commission had instead of complying the order of this Court had chosen to assail the aforesaid order of the learned Single Judge by filing LPA No. 399 of 2010 which was ultimately dismissed by an order dated 16.9.2010 wherein while affirming the view of the learned Single Judge, it was held as follows:-
Patna High Court CWJC No.706 of 2012
- 19 -
"We do agree on principle that it is the prerogative of the appointing authority or that, in absence of the statutory rules, it is the prerogative of the employer to decide on the mode of the selection. But it is fallacious to say that the learned Single Judge has traversed on the filed especially confined to the employer or the selecting authority. It was the employer or the Director of Health Services who had decided to make selection on the basis of oral interview. All that the learned Single Judge has directed is to confine the selection procedure to the terms of the advertisement. In our opinion, the learned Single Judge cannot be said to have encroached upon the authority of the appointing authority or the selecting authority.
Ordinarily, if the appointing/selecting authority had felt the necessity for screening test, we would not have interfered with such decision. But, in the present case the special circumstances that weighed with the learned Single Judge are that the advertisement was issued as far back as in the month of January 2000. The selection has not been made yet after nearly 10 years. Besides the number of eligible applicants is just two times the available vacancies. Under the normal rule of service, State is expected to interview not more than three candidates for each vacancy. In other words, three times the available vacancies. As recorded hereinabove, in the present case the available candidates are not even two times the vacancies available. Therefore, there should not be any need for short listing the eligible candidates or to hold the screening test for short listing the eligible candidates.
In our opinion, the learned Single Judge has rightly issued the impugned direction directing the appellant to proceed further with the selection procedure in accordance with the advertisement.
For the aforesaid reasons, the Appeal is dismissed. Interlocutory Applications are disposed of.
Parties will bear their own cost."
11. The matter even after being decided by the Division Patna High Court CWJC No.706 of 2012
- 20 -
Bench of this Court did not acquire finality because the Bihar State Selection Commission had also assailed the aforesaid decision of the Division Bench dated 16.9.2010 in LPA No. 399 of 2010 before the Apex Court but the Special Leave Petition, SLP No. 11160 of 2011 was dismissed in lemine by holding that no ground was made for interference in the view of the Division Bench of this Court.
12. As noted above, the appointments as per the direction of the learned Single Judge was to be made and the persons so appointed had to join on or before 30.4.2010 but on account of the continuing litigation, even the said time schedule was not adhered to and the Commission only on 13.9.2011 had notified the date of interview and that too on account of the pendency of the MJC No. 4270 of 2010, which is now being disposed of by a separate order. In fact, the order of this Court dated 25.8.2011 in MJC No. 4270 of 2010 will bear it out that the Commission had given assurance to this Court that since the scrutiny of the applications was at final stage and interview was likely to be arranged after obtaining the consent of the expert, the interview call letters were to be issued to the eligible candidates by the end of 2nd week of September, 2011. Thus, when in the order dated 25.8.2011 in MJC No. 4270 of 2010, the matter was again directed to be placed on 19.9.2011, that the dates interview for holding the interview from 24.10.2011 was notified. Patna High Court CWJC No.706 of 2012
- 21 -
13. These writ applications in fact came to be filed only on account of the screening of the applicants and rejecting the case of the petitioners only on the ground of their being over-aged. In all these writ applications, the challenge to the decision of the Commission declaring the petitioners over-aged is primarily based on the ground that the Government was under obligation to carry out the direction of this Court in the order dated 21.7.1999 as with regard to relaxation of age on the ground of there being no selection and appointment on the post of Pharmacist since 1990. As a matter of fact, when the first writ application CWJC No. 17455 of 2011 came to be filed seeking relief for allowing them to also appear in the interview, this Court on a plea raised by the Commission that the State Government had not taken any decision as was envisaged in the advertisement dated 25.1.2000 and unless the State Government took a decision, the Commission could not have allowed the petitioners and others declared over-aged as per term of the advertisement to appear in the interview.
14. This Court, accordingly, in the order dated 18.10.2011 which was passed in CWJC No. 17455 of 2011 and CWJC No. 18042 of 2011 had directed the State Government to take a decision in the matter of age relaxation in terms of the direction of this Court dated 21.7.1999 within a period of two weeks and convey the Patna High Court CWJC No.706 of 2012
- 22 -
same to the Bihar State Selection Commission so that the further interview letters could be issued by the Commission in terms of the decision of the State Government to the petitioners and other eligible candidates. It is a matter of record that the State Government did not take a decision even in the period of more than one month from the date of the order dated 18.10.2011 and when a prayer was made on behalf of the State on 25.11.2011 in CWJC No. 17455 of 2011 & CWJC No. 18042 of 2011 to give further one month time for taking such a decision by the State Government, this Court had passed an interim order directing the Bihar State Selection Commission to issue provisional interview letters to the petitioner of all the aforesaid three writ applications so that they could appear in the interview. To that extent, the relevant portion of the interim order dated 25.11.2011 is extracted hereinbelow:-
"Considering the fact that the last date for interview as per the schedule by the Bihar Staff Selection Commission has been fixed as 8.12.2011, this Court by its order dated 18.10.2011 had given time to the State Government to take a decision which it was required to take by order dated 21.7.1999 of this Court and this fact has also been mentioned in the advertisement published in 1999, but as yet no such decision has been taken.
Today, learned Government Pleader No.10 submits on instructions that it will take another one month time for the decision to be taken by the State Government regarding age relaxation.
In the aforesaid view of the matter, the respondent Bihar Staff Selection Commission is directed to issue provisional Patna High Court CWJC No.706 of 2012
- 23 -
interview letters to the petitioners of all the three writ applications so that they may appear in the same interview process for which learned counsel for the Staff Selection Commission submits that three Interview Boards are functioning at present. The Commission must ensure that the petitioners are interviewed by any of the said three Interview Boards on the date which may be convenient to it, for which purpose the Commission will take suitable steps for informing the petitioners for appearing in the interview.
It is directed that the result shall not be published until the petitioners are interviewed. It is further made clear that the result of the petitioners shall not be published until further orders of this Court and would be subject to the result of the writ applications.
Put up these matters in the same position on 9th January, 2012."
15. After the aforesaid interim order, a number of writ applications all of which are being disposed of by this common judgment came to be filed and when a grievance was made on behalf of the petitioners in those writ applications, an interim order was passed again on 9.4.2012 which had covered CWJC No. 17455 of 2011, CWJC No. 194 of 2012, CWJC No. 21768 of 2011, CWJC No. 21772 of 2011, CWJC No. 18042 of 2011 and CWJC No. 19965 of 2011 and the Commission was directed to hold an interview for the left over petitioners, who were declared over-aged. The order of this Court dated 9.4.2012 reads as follows:-
"All these matters will come up on 10th of May in the same position. By that time, the Court would expect the Staff Selection Commission to publish the result after all the verifications, which is required to be made as per the notice Patna High Court CWJC No.706 of 2012
- 24 -
which has been brought to the notice of this Court by the counsel representing the Staff Selection Commission.
In the meantime, for an interim measure, it is clarified that it will be open to the Staff Selection Commission to hold interview for the left over petitioners, who are before this Court and are said to be overage and even their results would be finally declared with the rest before the next date.
The effect of such an indulgence will be decided by the Court subsequently.
It is clarified that this indulgence is shown with regard to only those petitioners, whose cases are before this Court for consideration. All these petitioners will approach the Staff Selection Commission with a copy of this Order forthwith and Staff Selection Commission would try to hold the interview preferably within two weeks thereafter."
16. As would be noted above, this Court had directed not only for holding an interview of the remaining petitioners covered by the order dated 9.4.2012 but had also given liberty to publish their results and such results are said to be published declaring only 468 candidates to be successful for the post of Pharmacist.
17. In the batch of these writ applications, there are two types of petitioners, namely, those who had appeared in the interview as per the interim order of this Court and those who were not allowed to appear in the interview because their writ applications was filed on or after 9.4.2012, the date on which the last interim order was passed by this Court in CWJC No. 17455 of 2011 and its analogous cases. According to the list furnished by the Commission to this Court, the Patna High Court CWJC No.706 of 2012
- 25 -
petitioners of CWJC No. 17455 of 2011, CWJC No. 18042 of 2011, CWJC No. 19513 of 2011, CWJC No. 21636 of 2011, CWJC No. 21768 of 2011, CWJC No. 22155 of 2011, CWJC No. 21772 of 2011 and CWJC No. 19665 of 2011 were allowed to appear in the interview and their results were also declared, which is as follows:-
"List of cases Over age Candidates (CWJC) Prayer for allowing in interview Appeared in interview Filed before 9.4.2012 Sl. No. CWJC Name of Candidates Status
1. 17455/2011 Binod Kr. Singh ................. Passed Madan Pd. Singh : Failed Ravi Shankar Pandey ................. Passed Sy. Md. Mandsoor Farid : Failed Amitabh Kumar ..................Passed Kamlesh Kr. Sharma : Failed Arvind Kumar Singh : Failed Hrishikesh Sharma : Failed Sunil Kr. Sinha ................. Passed Sudhir Kr. Singh ................. Passed Arun Kr. Singh ................. Passed Gayan Nand Pandey : Failed Gyan Prakash : Failed Pratap Kr. Sinha ................. Passed Satish Chandra Pd. ................. Passed Umesh Pd. Singh : Failed Chandra Mouleshwar : Failed Samrendra Kumar ................. Passed Shyam Sunder Bhagat : Failed Satya Nand Rai : Failed Mithilesh Kr. Singh : Failed Koushal Kr. Sinha : Failed Anand Swaroop Batsa : Failed Rajendra Yadav : Failed Md. Arif Khan : Failed Parma Nand Singh ................. Passed Rajeev Ranjan Mishra : Failed Chandra Bhushan Pd. .......... Passed Arvind Kumar Pandey: Failed
2. 18042/2011 Rameshwar Rai : Failed Subhash Ch. Sharma .................. Passed Shishir Kr. Singh : Failed Patna High Court CWJC No.706 of 2012
- 26 -
Shashi Bhushan Sharma : Failed Ram Suresh Choudhary ............... Passed Ajay Kumar Singh : Failed
3. 22155/2011 Baleshwar Singh : Failed Umesh Prasad : Failed
4. 21636/2011 Koushal Kishore Sharma : Failed Vishwanath Kumar ................ Passed Ram Anugrah Pd. : Failed
5. 19513/2011 Kishore Kumar : Failed Chandra Mohan Lal Das : Failed Nilamber Kumar : Failed
6. 21768/2011 Birendra Kumar ................ Passed Anil Kumar Sinha : Failed List of Cases over age Candidates (CWJC) Prayer for allowing in Interview.
Appeared in Interview.
Filed before 9.4.2012 Sl. No. CWJC No. Name of Candidates : Status
7. 21772/2011 Ravindra Kumar Sinha : Failed
8. 19965/2011 Krishna Gopal : Failed Manoj Kumar ................ Passed Umesh Kumar : Failed List of Cases over age Candidates (CWJC) Prayer for allowing in Interview.
Not appeared in Interview.
Filed before 9.4.2012 Sl. No. CWJC No. Name of Candidates
1. 706/2012 Jawahar Lal Singh Panchanand Singh
2. 22890/2011 Surendra Kr. Sinha Surendra Pd. Singh Ajay Kumar
3. 919/2012 Surendra Kumar Nand Kishore Singh
4. 1902/2011 Nand Kishore Singh
5. 194/2012 Bharteshwar Prasad Ram Krishna Kr. Verma Patna High Court CWJC No.706 of 2012
- 27 -
List of Cases over age Candidates (CWJC) Prayer for allowing in Interview.
Not appeared in Interview.
Filed before 9.4.2012 Sl. No. CWJC No. Name of Candidates Status
1. 8665/2012 Arun Kumar Matter decided
2. 8104/2012 Sanjay Kumar Jha in MJC No. 3182/2012 by order dated 10.10.2012 Ineligible."
18. In fact the petitioners of CWJC No. 706 of 2012, CWJC No. 22890 of 2011, CWJC No. 919 of 2012, CWJC No. 1902 of 2011, CWJC No. 194 of 2012, CWJC No. 8665 of 2012 and CWJC No. 8104 of 2012 have either been not allowed to appear in the interview or have not appeared in the interview and have still a grievance of their being left out on the ground of their becoming over- aged. This aspect of the matter was, therefore, considered at length by this Court in its order dated 19.6.2013, relevant portion whereof reads as follows:-
"4. The first and foremost issue in the batch of there writ petition is with regard to relaxation of age as has been highlighted by Mr. Subodh Kumar Jha, learned counsel for the petitioners appearing in C.W.J.C.No. 17455/2011. He has submitted that since there was no selection and appointment on the post of Pharmacist for a long period of time and as such, when the issue was raised before this Court in C.W.J.C.No. 4302/1998 this Court by an order dated 21.7.1999 had specifically issued a direction for relaxation of age in the following terms:
"If the posts of Pharmacy have not been filled up for years together and thereby deprived eligible Patna High Court CWJC No.706 of 2012
- 28 -
candidates to apply, in such case, the question of relaxation of age of persons be also considered who have become overage in the meantime."
5. As a matter of fact when the advertisement was issued on 25.1.2000 there was already an indication for relaxation of age as would be manifest from Clause 4 of the instructions accompanying the advertisement which reads as follows:
^^mez lhek& fnukad 31-12-99 dks U;wure 18 o"kZ vkSj vf/kdre 35 o"kZ gksuk pkfg,A ¼ekuuh; mPp U;k;ky; }kjk ikfjr vkns'k ds dze esa ,oa vkjf{kr mEehnokjksa dks mez esa NwV fcgkj ljdkj ds ifji= ds vuqlkj izHkkoh jgsxk½A**
6. The grievance of one set of the petitioners in this batch of writ petitions is that no such relaxation of age was given to the candidates and in fact when the interview call letters were issued a large number of candidates were left out and therefore, some of them have approached this Court including the petitioners of C.W.J.C. No. 17455/2011. In this regard he has also invited attention of the order of this Court dated 18.10.2011 wherein the following directions were issued by way of an interim order:
"It is, accordingly, directed that the State Government shall take a decision in the matter of age relaxation in terms of the direction of this Court by an order dated 21.7.1999 within a period of two weeks from today and convey the same to the Bihar Staff Selection Commission so that further interview letter was issued in terms of the decision of the State Government."
7. Mrs. Amrita, learned counsel appearing on behalf of the State in one of these cases, has submitted that a decision was communicated by the Director-in-Chief in his letter dated 30.3.2012 to the Commission wherein it was said that whatever condition was imposed as with regard to qualification of age in the advertisement will remain unchanged. The Director-in-Chief in his aforesaid letter dated 30.3.2012 had referred the approval of the Principal Secretary for sending this communication. Patna High Court CWJC No.706 of 2012
- 29 -
8. The question however would be as to what was actually sought to be conveyed by Director-in-Chief in his letter dated 30.3.2012? The advertisement itself had contained a clause for relaxation of age in terms of the High Court order. The real issue therefore was as to how and what extent the Commission could have considered the issue of relaxation of age. The direction given in the order of this Court dated 21.7.1999 was to be made applicable in cases of all this candidate since it was not confined to the petitioners of that case (C.W.J.C. No. 4302 of 1998) and infact there was a general direction of this Court that whosoever had completed the maximum age limit on the date of issuance of advertisement had to be given relaxation of age. Thus, it was necessary for the State Government to clarify and classify the specific age of relaxation with regard to advertisement dated 25.1.2000 issued for filling up the post of Pharmacist and as to what could be the relaxation of age for all the candidates. In absence thereof the Commission was all at sea in deciding the issue of relaxation of age. Unfortunately this Court would notice that the aforesaid directions for relaxation of age given by way of an interim order dated 18.10.2011 has also not been substantially complied, inasmuch as the Principal Secretary is not the State Government. This Court infact in its order dated 18.10.2011 in C.W.J.C. No. 17455/2011 had specifically directed the State Government to address itself to decide the issue of relaxation of age. Nothing however has been brought on record to show as to whether any decision was ever taken by the State Government in terms of the aforesaid order this Court dated 18.10.2011.
9. It is made clear that since there were 3499 candidates in all who in response to the advertisement dated 25.1.2000 had filed their application any candidate, who was earlier disqualified on the ground of age by the Commission but would be otherwise covered by the age relaxation given by the State Government, will have a right to contend for being included for the process of selection by way of interview.
Patna High Court CWJC No.706 of 2012
- 30 -
10. Today Mrs. Amrita, learned G.P.X, however, has informed that the matter is being re-examined by the State Government and the file has been placed before the Principal Secretary for taking a decision on this issue of relaxation of age in terms of the directions given by this Court in the order dated 18.10.2011 in C.W.J.C. No. 17455/2011 but such a decision is yet to be taken by the State Government.
11. This Court would, therefore, direct the officials of the State Government to ensure that a final decision with regard to relaxation of age must be taken by the State Government and place the same before this Court within a period of four weeks from today."
19. As noted above, the decision communicated on 30.3.2012 by the officials of the Health Department that it was decided to not to give any age relaxation was found to be bad on two scores, namely, its being in violation of the spirit of the order of this Court dated 21.7.1999 in CWJC No. 4302 of 1998 and secondly its being issued at the level of Secretary of the Department whereas such a decision was to be taken by the State Government itself. Pursuant to the aforesaid order, the Director-in-Chief of the Health Services had filed his counter affidavit in the leading case, namely, CWJC No. 10337 of 2012, wherein, all the relevant counter affidavits and supplementary counter affidavits have been filed by the respondents, in paragraph no.3 thereof, it was stated as follows:-
"3. That it is humbly submitted that in context to the direction of this Hon'ble Court contained in para No.11 of the aforesaid interim order, it is clear that a Patna High Court CWJC No.706 of 2012
- 31 -
final decision with regard to relaxation of age has already been taken by the State Government. In this regard in accordance with the conditions contained in the above said advertisement and order to grant age relaxation has been issued vide Memo No. 1129(4) dated 08.07.2013."
20. At this place, it would be also relevant to refer to the aforesaid letter of the State Government dated 8.7.2003, which reads as follows:-
^^lafpdk la0&4@fof/k&8&163@11&1129¼14½ fcgkj ljdkj LokLF; foHkkx fnukad 8&7&13 la[;k& izs'kd] "kadj >k] vij lfpo LokLF; foHkkx] fcgkj] iVuk lsok esa] lfpo] fcgkj deZpkjh p;u vk;ksx] iVukA fo'k;%& foKkiu la0&22@QkekZ&1@99 ds vH;fFkZ;ksa dh vf/kdre mez lhek esa NqV ds laca/k esaA izlax %& CWJC No.- 17455/2011fouksn dqekj flag ,oa vU; cuke jkT; ljdkj ,oa vU;A egksn;] mi;qZDr fo'k;d] izlkafxd okn ds lanHkZ esa dguk gS fd lkekU; iz"kklu foHkkx ¼rRdkyhu dkfeZd ,oa iz"kklfud lq/kkj foHkkx½ ds i=kad 212 fnukad& 23-01-06 dh dafMdk&3 ds vuqlkj fo'k;kafdr@ln`"; ekeys esa vf/kdre mez {kkUr djus dk izko/kku gSA QekZflLV in ds fy, o'kZ 1999 esa izdkf"kr foKkiu la0 22@QekZ@&1@99 ds le; vH;kfFkZ;ksa dh fuEu :is.k vf/kdre mez lhek fu/kkZfjr Fkh%& ¼1½ lkekU; tkfr & 35 o'kZ ¼2½ fiNM+k@vfr fiNM+k & 37 o'kZ ¼3½ vuq0 tkfr@tutkfr & 40 o'kZ ¼4½ efgyk ¼fi0½ vukjf{kr & 38 o'kZ ekuuh; U;k;ky; }kjk izkI vkns"k ,oa foKkfir foKkiu ds "krZ ds vuqlkj oSls vH;kFkhZ tks o'kZ& 1992 ls 1999 rd QkesZlh fMIyksek dh ;ksX;rk izkIr Fks rFkk ljdkjh lsok esa ukSdjh dh vf/kdre lhek o'kZ 1999 esa ikj dj pqds gS]a oSls mEehnokj dh Patna High Court CWJC No.706 of 2012
- 32 -
fu;qfDr dh vU; "kRrsZa iwjh djrs gSa rFkk ek- vf/kdre mez ds dkj.k v;ksX; gks rks muds ekeyks esa fu/kkZfjr vf/kdre mez esa NwV nh tkrh gSA izLrko esa iz/kku lfpo] LokLF; dk vuqeksnu izkIr gSA g0@& 5-7-13 ¼"kadj >k½ vij lfpo LokLF; foHkkx] fcgkj] iVuk Kkikad 1129 ¼4½ @ iVuk] 8&7&12 Izfrfyfi & fo}ku th0ih0&10] mPp U;k;ky;] iVuk dks lwpukFkZ ,oa vko";d fdz;kFkZ izsf'krA izfrfyfi & funs"k izeq[k@iz/kku lfpo ds iz/kku vkIr lfpo LokLF; foHkkx dks lwpukFkZ ,oa vko";d fdz;kFkZ izsf'krA G0@& 5-7-13 vij lfpo LokLF; foHkkx] fcgkj] iVuk**
21 From reading of the aforesaid government order dated 8.7.2013, it becomes absolutely clear that any and every candidate who had filed his application in response to the advertisement dated 25.1.2000 having the qualification of Diploma in Pharmacy in between the years 1992 to 1999 and had crossed the maximum age limit for appointment in government service in the year 1999 were given relaxation of age. Thus, in terms of the aforesaid decision of the State Government, in fact, all the petitioners had got the benefit of relaxation of age but, then, this Court in order to doubly sure had passed an order on 6.8.2013 to explain as to how many candidates were disqualified on the ground of age who could become eligible both in terms of the advertisement and the aforesaid clarification issued by the State Government on 8.7.2013. The Patna High Court CWJC No.706 of 2012
- 33 -
Commission was also directed to give names of each of such candidates, their date of birth and the year of passing of their diploma examination. Pursuant to the aforesaid direction, the Commission has filed supplementary counter affidavit wherein it has disclosed the names of 143 candidates who were found to be over-aged in terms of the advertisement. In the said affidavit it has also been clearly stated that in terms of the government decision dated 8.7.2013 as with regard to age relaxation to the over-aged candidates, appropriate steps with regard to same shall be taken in the light of the decision of this Court. To that extent, it would be relevant to quote paragraph nos. 6 & 7 of the supplementary counter affidavit of the Commission, which reads as follows:-
"6. That as regard the further query, it is stated that a number of 143 candidates were found to be over age in terms of the advertisement.
7. That it is further stated that a communication contained in memo no. 1129(4) Patna dt. 08.07.2013 issued by the Dept of Health, Govt. of Bihar giving age relaxation to the overage candidates was received in the commission and any appropriate steps with regard to the same shall be taken in the light of the decision in pending matters before the Hon'ble High Court."
22. From perusal of the chart produced by the Commission, containing the names of the 143 candidates, it would be found that a large number of them had obtained the diploma or degree in Pharmacy even before the year 1992 and thus, they could not be Patna High Court CWJC No.706 of 2012
- 34 -
held to be entitled for relaxation of age in terms of the government decision giving the benefit of such relaxation of age to the candidates clearing such basic qualification for the post of Pharmacist in between 1992-99 only. The Commission, however, in its list has not given the year of passing in respect of 143 candidates and, therefore, it is not possible for this Court to hold as to whether all of them or some of them were ineligible for relaxation of age.
23. As noted above, the Commission has supplied the list of 143 candidates who were found to be over-age in terms of the advertisement dated 25.1.2000 and, therefore, the Commission must scrutinize each and every application with reference to the Government decision regarding relaxation of age and those who are found to be qualifying in terms of the age qualification as clarified and amended by the State Government in its letter dated 8.7.2013 must be allowed to appear in the interview, which has to be now held in respect of such of the petitioners and others who were not issued interview call letter and/or were not allowed to appear in the interview for one reason or another only on account of their being over-age.
24. It is, however, made clear that such opportunity of appearing in the interview shall be given only to those of the petitioners who have already not appeared in the interview pursuant to the interim order of this Court, whose names have also been referred Patna High Court CWJC No.706 of 2012
- 35 -
above as per the compact chart submitted by the learned counsel for the Commission. In other words, none of the petitioners of CWJC No. 17455 of 2011, CWJC No. 18042 of 2011, CWJC No. 22115 of 2011, CWJC No. 21636 of 2011, CWJC No. 19513 of 2011, CWJC No. 21768 of 2011, CWJC No. 21772 of 2011 and CWJC No. 19965 of 2011 would be given any further opportunity for appearing in the interview. Such opportunity of interview will, however, be given to the petitioners of CWJC No. 706 of 2012, CWJC No. 22890 of 2011, CWJC No. 919 of 2012, CWJC No. 1902 of 2011, CWJC No. 194 of 2012, CWJC No. 8665 of 2012 and CWJC No. 8104 of 2012, subject to their being covered by the government decision dated 8.7.2013.
25. By way of abundant precaution and in order to be fair to those persons who are not petitioners before this Court but are amongst the lot of applicants of the advertisement dated 25.1.2000, who were not issued an interview call letter only on account of over- age and later included in the list of 143 persons and are covered within the parameter of the age relaxation given by the State Government in its order dated 8.7.2013, will also be allowed to appear in the interview to be separately conducted for such over-age candidates.
26. Keeping in view that a period of fifteen years is now going to be completed from the date of the first order of this Court by Patna High Court CWJC No.706 of 2012
- 36 -
which appointments were to be made within one year, this Court would expect the Commission to expedite the matter so that the interview of the left over candidates on account of over-age is completed at the earliest so that the Commission can send its revised recommendation to the State Government for appointment on the post of Pharmacist. This exercise, therefore, must be completed by the Commission within a period of four months from the date of receipt of this order.
27. This Court would also direct the authorities of the State Government and the Principal Secretary of Health Department to ensure the appointment to be made on the post of Pharmacist on the basis of recommendation of the Commission pursuant to the advertisement of 25.1.2000 must be completed in next four months from the date of receipt of such recommendation.
28. With the aforementioned observations and direction, these writ applications are disposed of.
(Mihir Kumar Jha, J) Patna High Court Dated the 14th March 2014 A.F.R./Rishi/-