Section 151 in Bihar Board's Miscellaneous Rules, 1958
151. Filling up vacancies in ministerial posts.
- The rules for the guidance of officers making appointments to ministerial or other posts in Bihar will be found in Appendix H. They apply to all appointments not made under any special rules and orders. In the case of every vacancy either in the upper or lower division in which the Commissioner or the District Officer contemplates introducing an outsider, a notice of the vacancy should, in addition to the advertisement made in the Bihar Gazette and in the principal newspapers circulating in the province as enjoined in the said rules, be suspended in some prominent place in their offices and a date which shall not be less than 15 days after the issue of the notice shall be fixed for filling up the vacancy. It should also be made clear in the notice and the advertisement that travelling allowance will not be given to the successful candidate.On the date fixed for filling up the vacancy, the Commissioner or the District Officer shall examine all the applications or wherever possible shall see and examine all applicants and the certificates and shall record a proceeding stating that he has done so, noting in detail the claims of all eligible candidates and giving his reasons for the selection ultimately made. This proceeding together with the applications and certificates filed and the notices of the vacancy shall be made into a regular record bundle for reference in case of any appeal being made against the appointment. An officer's choice in appointing ministerial officer is not limited to his own district or division. No appeal shall lie to the Commissioner from an outsider or a ministerial officer, dissatisfied with an appointment made by a District Officer, on the ground that his merits and claims have not been duly considered.Note. - The people of a district should receive preferential treatment in the matter of ministerial appointments to be made in that district, provided their qualifications for the posts to be filled are sufficient for the purpose of appointment to those posts, provided that this can be done without sacrificing the requisite standards of efficiency of the public service. The Rule obtaining in Chota Nagpur district and in the district of the Santhal Parganas in regard to giving preference to the aboriginals should therefore be made applicable to other inhabitants also of those districts and to inhabitants of other districts in the province, though between the aboriginals and the non-aboriginals, the aboriginals should be given preference.In any district when a vacancy in the first grade appointment occurs and that district has a competent staff which has already enjoyed a fair degree of promotion, the Commissioners of divisions in filling the vacancy are empowered to assign to it the pay of second or third grade appointment and to assign the pay of a first grade appointment to some district which is graded as second or third and where there is a deserving man who ought to receive promotion.
