Patna High Court - Orders
Sheo Dayal Mishra vs The State Of Bihar & Ors on 28 August, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1542 of 2013
In
Civil Writ Jurisdiction Case No. 9532 of 2008
With
Interlocutory Application No.8798 of 2013
In
Letters Patent Appeal No.1542 of 2013
======================================================
1. Sheo Dayal Mishra Son Of Late Kali Charan Mishra Resident Of C/O
Late P. Gourinath Sharma, Kamhagi Ghat, Chand Choura (G.P.O.- Gaya),
Civil Lines, Gaya- 823001
2. Ramjanam Singh Son of Ramashish Singh Resident of Sanaut, Boaga,
Mufassil, Gaya
3. Binod Kumar Sinha Son Of Saryu Prasad Sinha Resident Of Sahid
Bhagat Singh Colony, Rampur, Rampur, Gaya- 823001
4. Krishna Prasad Son Of Late Rameshwar Prasad Resident Of C/O
Krishna Prasad, Naya Chua, Chand Choua, Civil Line, Gaya- 823001
5. Kumari Usha Wife Of Vijay Kumar Sinha Resident Of C/O Sunil Kumar
Sinha, Tilha Dharamsal, Head Post Office, Civil Line, Gaya- 823001
6. Sumitra Kumari Wife Of Deodutt Pandey Resident Of C/O Sumitra
Kumari, Sirh, Sirh, Arti, Nimchak Batahani, Gaya- 823001
7. Madhuri Devi Wife Of Girija Ram Resident Of C/O Girja Ram, Surya
Kund Devchoua, Chandchoua, Nagar, Gaya- 823001
8. Udit Pandey Son Of Kameshwar Pandey Resident Of C/O Udit Pandey,
Sonaut, Goga, Mogassil, Manpur, Gaya- 823001
9. Umakant Pandey Son Of Ram Sagar Pandey Resident Of C/O Ram Sagar
Pandey, Salempur, Jaru Banbariya, Hulasganj, Jehanabad- 824233
10. Abdul Ahad, Wrongly Mentioned As Abdul Ahmad Son Of Md.
Manish Resident Of C/O Md. Munish, Saidpur, Saidpur, Mansi, Khagadya
11. Arun Singh Wrongly Mentioned As Arjun Singh Son Of Baleshwar
Singh Resident Of C/O Baleshwar Singh, Laxmipur, Badhaiya, Lakhisarai
12. Suresh Prasad Sharma Son Of C/O Ramjanam Singh Chillaili, Tekari,
Gaya- 824236
13. Harun Khan Son Of Gulam Hussain Khan Resident Of C/O Firoj Khan
Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014
2/9
Gali No. 222, Ekbal Nagar, Gaya, Kotwali, Gaya- 823001
14. Md. Munir Ansari, Con late Md. Suleman Resident Of C/O Late Md.
Suleman, Karimganj, Civil Line, Gaya- 823001
15. Rajendra Yadav Son Of Puna Yadav Resident Of C/O Puna Yadav,
Resident Of Sanaut, Goga, Mufassil, Gaya
16. Raghubansh Vishwakarma Son Of Jagan Vishwakarma Resident Of
Jagan Vishwakarma, Purani Chatti, Sherghatty, Sherghatty, Gaya- 824211
17. Satyadeo Singh Son of Doman Singh Resident of C/O Satyadeo Singh,
Resident of Chitokhar, Kamalpur, Tekari, Gyana
18. Manoj Vishwakarma Son Of Anchu Mistri Resident Of C/O Anchu
Mistri, Resident Of Afjalpur, B.T.Bigha, Sherghatty, Gaya- 824211
19. Tanweerual Islam Son Of Abdus Salam Resident Of C/O Nasemuddin,
Shibli Colony, New Karemim, Kareimganj, Civil Line, Gaya- 823001
20. Rajendra Prasad Tamoli Son Of Shevnarain Prasad Resident Of C/O
Shevnarain Prasad, Nandra, Khijarsarai, Gaya
21. Rambachan Singh Son Of Rajkaran Singh Resident Of C/O Rajkaran
Singh, Ketki Tola, Fulbariya, Ketaki Dev, Aurangabad- 824216
22. Laxmi Narayan Son Of Late Ganesh Thakur Resident Of C/O Late
Ganesh Thakur, Sishoriyaq Choura, Chand Choura, Civil Line, Gaya-
823001
23. Kaushar Khan Son Of Bashi Khan Resident Of C/O Firoj Khan, Gali
No. 222, Ekbal Nagar, Karbala, Kotwali, Gaya- 823002
24. Shahjad Khan Son Of Umar Khan Resident Of C/O Tannu House,
Maroofganj, Baniya Pokhar, Head Post Office, Kotwali, Gaya- 823001
25. Binesh Paswan (Wrongly Stated In Writ As Dinesh) S/O Durga Paswan
Resident Of Salempur, Mofasil, Manpur, Sadar, Gaya
26. Hare Ram Sharma S/O Kamal Narayan Sharma Resident Of C/O Kamal
Narayan Sharma, Gewal Bigha, Koyali Pokhar, Rampur, District- Gaya-
823001
27. Pramod Kumar Sinha Son Of Sarjoo Prasad Sinha Resident Of C/O
Sarjoo Prasad Sinha, Sahid Bhagat Singh Colony, Rampur, Gaya
28. Devendra Paswan Son Of Late Ras Bihari Paswan Resident Of C/O
Late Ras Bihari Paswan, Khapreal Chak, Parsa Bazar, Patna- 804453
29. Shanti Devi W/O Late Shanichar Rajak, Resident Of C/O Late
Shanichar Rajak, Tila Dharamshala, Chand Choura, Civil Line, Gaya
Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014
3/9
30. Bindeshwar Rajak Wrongly Stated As Dinesh Rajak S/O Mathur Rajak
C/O Mathur Rajak, Kirani Ghat, Kotwali, Gaya- 823001
31. Vinod Kumar Son Of Areesh Mistri Resident Of Areesh Mitri, Pepra,
Phuhuira, Gaya
32. Madan Thakur Son Of Late Deobansh Thakur Resident Of C/O Late
Deobansh Thakur, Bharbar, Belsara, Aurangabad- 824202
33. Sidheshwar Singh Son Of Late Sita Singh Resident Of C/O Sidheshwar
Singh, Rupaspur, Alipur, Buniyadganj, Gaya- 823001
34. Asha Kumari Daughter Of Sanichar Rajak Resident Of Ramsagar Talab,
Chand Chaura, Civil Lines, Gaya
35. Mahabir Singh Son Of Late Nathun Prasad Singh Resident Of C/O
Mahabir Singh Kadhin Darwaja, Chand Choura, Civil Line, Gaya- 823001
(Respondent Nos.4 -14, 16-18, 20-21, 23-25, 27-31, 33-
38, 41 and 56 in connected writ petition).
Appellants
Versus
1. The State of Bihar, through the Divisional Commissioner, Government
of Bihar, Magadh Division, Gaya
2. The District Magistrate-Cum-Collector, District- Gaya
3. Addl. Collector (Establishment), Gaya Collectorate, Gaya
(Respondent Nos.1-3 in connected writ petition)
4. Ashok Kumar Son Of Sri Ram Bilash Rai Resident Of Village And Post-
Belhari, P.S. Belwaganj, District- Gaya
5. Pawan Kumar Singh Son Of Sri Suresh Prasad Singh Resident Of C/O
Late Ram Kishun Guru, Lal Babu Road, Nai Godown, Pahsi, P.O. R.S.
Gaya, Post- Kotwali, District- Gaya
6. Dhirendra Kumar Son Of Sri Ram Bali Sharma R/O Mohalla- Nandpuri
Colony, Maila Khad, District- Gaya
7. Umesh Thakur Son Of Sri Basant Thakur Resident Of Village And Post-
Naili, Via- Khisarsarai, District- Gaya
8. Indra Deo Yadav Son Of Sri Jawahar Yadav Resident Of Village- Sadho
Chak, P.O. Pandey Parsawa, District- Gaya
9. Binod Yadav Son Of Sri Laxman Gope Resident Of Gol Bagicha Gabra,
P.O. R.S., P.S.- Kotwali, District- Gaya
10. Ran Vijay Kumar Son Of Sri Shital Paswan Resident Of Village- Kandi,
Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014
4/9
P.O. Bidho Sarif, P.S. Chandauli, District- Gaya
11. Mahendra Ravidas Son Of Sri Chouthi Ravidas R/O Mohalla- Bhushand
Bala Par, P.O. Buniadganj, P.S. Mufassil, District Gaya
12. Sanjay Kumar Son Of Sri Jaggarnath Sao R/O Mohalla- Near
Bageshwari Temple, P.O.- R.S., P.S.- Delha, District- Gaya
13. Rakesh Kumar Son Of Sri Suresh Prasad Singh Resident Of C/O Late
Ram Kishun Guru, Lal Babu Road, Nai Godown, Pahsi, P.O. R.S. Gaya,
Post- Kotwali, District- Gaya
14. Bharat Kumar Son Of Sri Kuldip Ram R/O Mohalla- Chotk Nawadah
Gaya, P.O. R.S., P.S.- Delha, District- Gaya
15. Saryu Chouhhan Son Of Sri Etwari Chouhhan Resident Of Village-
Nima, P.O. -Goga, P.S. Mufassil, District- Gaya
16. Rajesh Kumar Son Of Late Shital Singh Resident Of Village- Rampur,
P.O. Alipur, P.S.- Buniyadganj, District- Gaya
17. Krishna Prasad Son Of Sri Kapildeo Prasad Resident Of South Gate,
Chandhoura, P.S. Civil Lines, District- Gaya
18. Sanjay Kumar Singh Son Of Sri Suresh Prasad Singh Resident Of C/O
Late Ram Kishun Guru, Lal Babu Road, Nai Godown, Pahsi, P.O. R.S.
Gaya, Post- Kotwali, District- Gaya
19. Mahesh Prasad Son Of Sri Nityanand Prasad Resident Of Rajendra
Path, Mircha Gal, District- Gaya
20. Chandeshwar Prasad Son Of Chintawan Prasad Resident Of Village-
Feriubigha, P.O. Tankupra, P.S. Wazirganj, District- Gaya
(Petitioner Nos.1 to 17 in the connected writ petition)
21. Murli Manohar Sinha Son Of Bhanu Prakash Lal Resident Of
Makasudpur, Khizarsarai, District- Gaya
22. Narendra Kumar Singh Son Of Late Janak Roy Resident Of C/O
Narendra Kumar, Danka Imali, Guljar Bagh, Alamganj, Patna- 800007
23. Sarju Thaku Son Of Late Ram Lal Thakur Resident Of C/O Sarju
Thakur, Sherghati, Purani Chatti, Sherghati, Gaya- 824211
24. Rajesh Kumar Son Of Late Mank Ram Resident Of C/O Andar Ramna
Civil Lines, Nagar, Gaya
25. Naveen Kumar Son Of Late Lalita Prasad C/O Kapildev Prasad Singh,
Resident Of Godhawai Nikhat Bhauraw, Civil Line, Gaya
26. Vikash Kumar Son Of Satyendra Thakur, Resident Of C/O Satyendra
Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014
5/9
Thakur, Bhabar, Belsara, Aurangabad, 824202
27. Yugesh Kumar Son Of Janardan Prasad Resident Of Janardah Prasad,
Upahuili, Paraiya, Gaya- 82420929.
28. Awadh Prasad Son Of Late Jagdish Prasad Resident Of C/O Vijay
Kumar Sinha, Shamsher Takya, Chand Choura, Rampur, Gaya- 823001
29. Arjun Prasad Son Of Bilto Mahto Resident Of C/O Arjun Prasad,
Parewa, Bhadeji, Bodhgaya, Gaya
30. Dhananjay Kumar Singh Son Of Yatindra Narayan Singh Resident Of
C/O Yatindra Narayan Singh, Fatehpur, Salepur, Fatehpur, Belaganj, Gaya-
804404
31. Sunil Kumar Sinha Son Of Sri Jetnarayan Prasad Of C/O Sri Jetnarayan
Prasad, Sewa Nagar, Karimganj, Civil Lines, Gaya- 823001
32. Dhananjay Kumar Son Of Bandhan Yadav Resident Of C/O Dhananjay
Kumar, Pranpur, Soira, Paraiya, Gaya 823001
33. Mahendra Prasad Son Of Late Sit Prasad Resident Of Mahendra Prasad,
Chamndih Chakhand, Chandauti, Gaya- 804404
34. Gopaljee Singh Son Of Prashuram Singh Resident Of C/O Prashuram
Singh, Gorkatti, Upahara, Aurangabad 824203
35. Bipin Kumar Son Of Devendra Kumar Resident Of C/O Devendra
Kumar, New Colony, Chhotaki, Ps. Delha 823002
36. Natique Khan Abdul Wahad Khan Resident Of Eqbal Nagar, Karbala,
Kotwali Nagar, Sadar, Gaya
37. Om Prakash Verma Son Of Bhagwan Das Bhagat Resident Of Delha
Kharkhura, Delha, Gaya- 823001
38. Devendra Kumar Son Of Harinandan Prasad Resident Of C/O
Harinandan Prasad, Ramsagar Talab, West Road, Chan Chura, Civil Lines,
Gaya.
... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chittrangajn Sinha, Senior Advocate,
Mr. Amarendra Narayan, Advocate
Mrs. Shama Sinha, Advocate
For the Respondent-State: Mrs. Archana Sinha, A.C. to G.A.8
======================================================
Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014
6/9
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 28-08-2014This Appeal under Clause 10 of the Letters Patent is preferred by the respondents against the judgment and order dated 9th September 2013 passed by the learned single Judge in CWJC No.9532 of 2008.
The dispute arises in respect of appointment to Class IV service under the Collectorate of Gaya District pursuant to the advertisement no.1 dated 16th December 2004. The appointments were challenged by a group of writ petitioners on the ground that the appointments were made on extraneous consideration; many of the appointees were overaged; some were near the age of superannuation or were not eligible for appointment to Class IV service.
The petition was contested by the selected candidates. The State Government also filed counter affidavit.
The District Magistrate did not dispute or deny the aforesaid allegations made by the petitioners. He, however, tried to justify his action by relying upon the Government Circular dated 26th May 1987. It is evident that for 2004 selection, the District Magistrate operated the earlier panel of 1997 ignoring that since 1997 the recruitment rules were amended. The required educational qualification was raised to 8th Standard and that the candidates appointed pursuant to 2004 selection process should conform to the Recruitment Rules prevalent in 2004.
The learned single Judge found that the allegations had sound basis. It was noticed that many candidates selected did Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014 7/9 not possess the requisite qualification of passing 8th standard examination; and were not within the age specified.
In view of the above admitted facts, the learned single Judge has allowed the writ petition. The select panel prepared by the District Magistrate has been set aside. The learned single Judge has also directed the District Magistrate to cancel the appointment of the concerned respondents within two months from the date of the order.
Feeling aggrieved, the concerned respondents have preferred this Appeal.
Learned counsel Mr. Chittranjan Sinha has appeared for the appellants. He has submitted that inspite of the direction issued by the learned single Judge, the service of the appellants has been continued. In support of his submission, Mr. Sinha has relied upon the judgment of this Court in the matter of Bivash Kumar Vs. State of Bihar & Ors. {2000(1) PLJR 787} and of the Hon'ble Supreme Court in the matter of Joginder Pal and Ors. Vs. State of Punjab & Ors. {(2014) 6 SCC 644}.
Learned advocate Mrs. Archana Sinha has appeared for the respondents. She is not in a position to dispute the above facts. However, she has contested the Appeal.
The judgment in the matter of Bivash Kumar (supra) does not lend support to the case of the appellants. In the said matter the challenge was to the relevant recruitment rules and the requisite qualification prescribed by the State of Bihar. The Hon'ble Court has held that the Rules debarring the candidates possessing qualification higher than the Matriculation had no nexus with the purpose and was arbitrary.
In the matter of Joginder Pal and Ors. (supra), the Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014 8/9 Hon'ble Supreme Court has indeed quashed the decision of the High Court setting aside the selections on the ground of extraneous consideration. The Hon'ble Supreme Court held that the entire process was not vitiated for the incidences of manipulation, forgery and fraud. Once the untainted persons were segregated, the cancellation of that selection was not justified.
At this stage, we may also refer to the judgment of the Hon'ble Supreme Court in the matter of Union Territory of Chandigarh Vs. Dilbagh Singh & Ors. { (1993) 1 SCC 154} . In the said matter, a similar issue of cancellation of select list arose on the ground of large scale irregularities committed in the selection process. The Hon'ble Court upheld the action of the selecting authority. The Hon'ble Court also held that in case of large scale irregularities, the principles of natural justice cannot be invoked. The select list can be cancelled without giving opportunity to the selected candidates.
In the present case, it is an admitted fact that the District Magistrate continued with the panel prepared in 1997, although since 1997 the relevant Rules were amended; the required qualification was raised to passing of 8th standard examination. The District Magistrate appointed those empanelled candidates from 1997 who did not possess the required qualification of passing 8th standard examination or the candidates who were overaged, some nearing the age of superannuation.
The learned single Judge has given cogent reasons for setting aside the panel prepared in contravention of the relevant Rules/Guidelines and has rightly issued direction to Patna High Court LPA No.1542 of 2013 (10) dt.28-08-2014 9/9 cancel such appointments within two months from the date of the order.
The fact that the aforesaid direction has not been carried out and the appellants are still continuing under the District Collectorate proves extraneous consideration and the intention of the respondents to extend undue favour to the appellants. In case of large panel prepared by the District Collector there is no question of scrutinizing every candidate on panel to segregate the persons who were appointed in contravention of the Recruitment Rules. The action of the District Magistrate in continuing the panel prepared in 1997 until 2004 was in itself contrary to all canons of service jurisprudence.
Appeal is dismissed in limine.
Interlocutory Application stands disposed of. Registry will send copy of this order to the respondent nos. 1 and 2.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-
U