Patna High Court - Orders
Ranjan Kumar & Ors vs The Union Of India & Ors on 17 June, 2014
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7890 of 2013
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1. Ranjan Kumar Son Of Mahendra Ram Resident Of Village - Singaila
Shankar Tola, Post Office And Police Station Motipur, District -
Muzaffarpur, Bihar
2. Suman Choudhary S/O Dilip Choudhary Resident Of Village -
Thakurwari Tola Nikaspur, Post Office - Ujjayarpur, District - Samastipur,
Bihar
3. Md. Arshad Son Of Sheikh Sazid Resident Of Village - Khaira, Post
Office Khaira, District - Bhagalpur, Bihar
4. Md. Changez Son Of Md. Saifuddin Resident Of Village Awari, Police
Station - Marhowrah, District - Saran (Chapra), Bihar
5. Vishal Ranjan Son Of Kumar Vijay Singh R/O H.No. Ny-97 New
Yarpur, Post Office G.P.O. Patna, Police Station - Gardanibagh, District -
Patna , Bihar
6. Ranjeet Kumar Son Of Harihar Sharma R/O Narpaliya Bazar, Post Office
Narpaliya, Police Station - Manjhi Saran, District - Chapra, Bihar
7. Kanhaiya Kumar Son Of Jay Prakash Mandal R/O Village - Ratanpur,
Post Office Ratanpur, Police Station - Bariyarpur, District - Munger, Bihar
8. Dipak Kumar Son Of Jagdish Prasad Srivastava R/O Kavita Kunj
Lakhraw, Post Office Siwan, Police Station - Siwan, District - Siwan, Bihar
9. Satya Narayan Prasad Son Of Late Janardan Prasad R/O Barhara, Post
Office And Police Station - Gopalpur, District - Gopalganj, Bihar
10. Ram Sagar Son Of Baban Prasad R/O Village And Post Office Dahi
Bhatta, Police Station - Uchkagaon, District - Gopalganj, Bihar
11. Anil Kumar S/O Kalpanath Prasad R/O Village And Post Office
Panchua, Police Station Panchua, District - Chapra, Bihar
12. Rabindra Pandit S/O Sir Jagdish Pandit R/O Village And Post Office -
Bhojdih, District - Sheikhpura, Bihar
13. Sant Bilash Prasad S/O Late Ram Kawal Prasad R/O Village
Machhalpur, Post Office Maduari, Police Station - Sohanhan, District -
Kaimur, Bihar
14. Ramzan Ali Son Of Asgar Ali R/O Village Sarlaily, Post Office -
Semapur, Police Station - Barari, District - Katihar, Bihar
15. Satya Deep Sharma Son Of Niranjan Sharma R/O Village And Post
Office Khaira, District - Munger, Bihar
16. Pramod Kumar Son Of Late Mathura Singh R/O Village And Post
Office Majhaulia, District - East Champaran, Bihar
17. Bhola Shankar Sharma Son Of Sri Gurucharan Sharma R/O Village And
Post Office Bank, Police Station Akorhi Tola, District - Rohtas, Bihar
18. Sunil Kumar S/O Yogendra Prasad R/O Village And Post Office
Shankar Saraiya, District - East Champaran, Bihar
19. Brijesh Kumar Sinha Son Of Late Hari Shankar Prasad R/O Village
And Post Office Madhopur, Via Majhoulia, District - West Champaran,
Bihar
20. Santosh Kumar Sah Son Of Ganga Sah R/O Village - Dhuman Giri Ke
Mathia, Post Office Manjhi (Saran), District - Chapra, Bihar
21. Anil Kumar Sah Son Of Ganga Sah R/O Village - Dhuman Giri Ke
Mathia, Post Office Manjhi (Saran), District - Chapra, Bihar
22. Krishna Murari @ Krishna Murari Rai Son Of Rajdeo Mistri R/O
Village Balgudar, Post Office Balgudar, Police Station Lakhisarai, District -
Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014
2/19
Lakhisarai, Bihar
23. Manmohan Prasad Son Of Late Babulal Prasad R/O Village Gahiri
Kathi, P.O. Victori Mission, District - West Champaran, Bihar
24. Ashok Pratap Pandey Son Of Late Ram Murat Pandey R/O Village -
Sansaripur, P.O. Kurasan, Police Station - Bhabua, District - Bhabua,
Kaimur, Bihar
25. Arvind Kumar Singh Son Of Late Asharfi Kumar Singh R/O Village -
Musahri, P.O. And P.S. Khodawandpur, District - Begusarai, Bihar
26. Dilip Kumar Son Of Gango Mahto R/O Village - Samhan Naya Tola,
District - Begusarai
27. Sheshnath Gupta Son Of Dinanath Gupta R/O Mohania (Back Side Of
Court), P.O. And P.S. Mohania, District - Kaimur (Bhabua), Bihar
28. Varoon Kumar Son Of Mahendra Sharma R/O Village - Chitragupta
Nagar, Near Geeta Pd. Singh High School, P.O Lohiya Nagar, P.S. Patrakar
Nagar, Kankarbagh, District - Patna, Bihar
29. Munna Kumar Son Of Baidyanath Parit R/O Village Sonbarsa, P.O.
Sonbarsa, P.S. Barauli, District - Gopalganj, Bihar
30. Ran Vijay Prasad Son Of Bharat Mishra South Of Indian Gas Agency,
Pakari, Ara, District - Bhojpur, P.O. Pakari, P.S. Nawada, District -
Bhojpur, Bihar
31. Ramesh Kumar Mishra S/O Nityanand Mishra R/O Village -
Maheshpur, P.O. Mirjanhat, District - Bhagalpur, Bihar
32. Santosh Kumar Son Of Laxmi Narayan R/O Khadi Bhandar Chowk
Shastri Nagar Chitra Gupta Mandir Road, Near Bharti Niketan School, P.S.
Mithanpura, P.O. Ramna, District - Muzaffarpur, Bihar
33. Rambachan Sharma Son Of Sri Lalu Mistri R/O Mohalla - Par Nawada
Choudhary Nagar, P.S. And District Nawada, Bihar
34. Bhola Singh Son Of Chamru Singh R/O Village - Khairidih, P.O.
Sonaman Ki Ghat, District - Khagaria, Bihar
35. Prafull Chandra Pathak S/O Nitya Nand Pathak R/O Village - Kataibaz,
Police Station - Jagdishpur, District - Ara
36. Rahul Kumar Son Of Jagdish Chaudhary R/O Village -
Pabharamathpur, P.S. Dhanarua, P.O. Pabhara, District - Patna, Bihar
.... .... Petitioner/s
Versus
1. Union of India through the Director General of Employment and
Training, Ministry Of Labour and Employment, Government of India, New
Delhi
2. The State Of Bihar through the Chief Secretary, Government of Bihar,
Old Secretariat, Patna
3. The Principal Secretary, Labour Department, Employment and Training
Government of Bihar, Patna
4. The Director, Directorate of Employment and Training (Training
Department) Vikash Bhawan, New Secretariat, Patna, Bihar
5. Bihar Karamchari Chayan Ayog, P.O. Veterinary College, Patna -14
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.3881 of 2012
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Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014
3/19
1. Md. Arshad S/O Sheikh Sazid R/O Village- Khaira, P.S.- Shahkund,
District- Bhagalpur
2. Mohammad Changez S/O Mohammad Saifuddin R/O Village- Awari,
Police Station- Marhowrah, District- Saran
3. Vishal Ranjan S/O Kumar Vijay Singh R/O H. No. - Ny-97, New Yarpur,
P.O.- G.P.O., Police Station - Gardanibagh, District- Patna
.... .... Petitioner/s
Versus
1. The Union Of India Through The Director General Of Employment &
Training Ministry Of Labour & Employment, Government Of India, New
Delhi
2. The State Of Bihar through the Chief Secretary, Government of Bihar,
Old Secretariat, Patna
3. The Principal Secretary, Labour Resources Department, Government of
Bihar, Patna
4. The Principal Secretary, Labour Department, Patna
5. The Director, Employment and Training, Vikash Bhawan, New
Secretariat, Patna, Bihar
.... .... Respondent/s
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Appearance :
(In CWJC No.7890 of 2013)
For the Petitioner/s : Mr. Amarnath Tripathi, Sr. Advocate
Mr Md. Najmul Hoda
For the State : Mr. Arvind Kumar, SC 13
Mrs Ratna Kumar, AC to SC 13
For the Commission : Mr Satyam Shivam Sundaram
Mr Prabhat Kumar Singh
For the Union of India : Mr Kunal Tiwari
(In CWJC No.3881 of 2012)
For the Petitioner/s : Mr Gajanan Arun
Mr. Md. Nurul Hoda
Mr Gajendra Kumar Singh
For the State : Mr. Ashok Priyadarshi, GA 4
For the Union of India : Mr S.N.Pathak
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
CAV ORDER
15 17-06-2014A large number of petitioners have approached the High Court for quashing the entire selection process if any carried out pursuant to Advertisement No.02/13 for recruitment on the post of Instructors in various Industrial Training Institutes in Bihar i.e. Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 4/19 ITIs. The advertisement in question is Annexure- 6 to the writ application. Yet another relief is for a direction upon respondents to club all vacancies into one instead of in two parts and appoint only Craft Training Instructors certificate holders (hereinafter referred to as 'CTI') or in the alternative appoint persons holding Technical Teachers Training course of one year duration in terms of the instruction of National Council for Vocational Training (NCVT) as well as Director General of Employment and Training, Ministry of Labour and Employment, Government of India. They also want opening for all such candidates between age 18 to 40 from the year 2007 as no appointment or recruitment has been made on a regular basis on the post of Instructors after 2007.
2. When the matter was heard earlier on 26.7.2013, the learned single Judge after due hearing took note of the detailed contentions of the parties. The same submissions have been reiterated, therefore, the said order is being reproduced herein below for convenience :
"I have heard the parties.
This writ application has been filed for quashing of the advertisement No. 2/13 as contained in Annexure 6 for appointment of 600 instructors in various Industrial Training Institutes in the State of Bihar.
The petitioners challenge the aforesaid Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 5/19 advertisement on several grounds. The first and the foremost ground is that such advertisement has been published overlooking the direction of the Central Government contained in letter dated 24.7.1996, as contained in Annexure 2, addressed to the Secretaries of the all the State Governments / and the Union Territories Administrations.
Mr. Amar Nath Tripathi, learned senior counsel appearing for the petitioners has submitted that there is the aforesaid letter discloses proposal to have two separate streams of Vocational Instructors one for teaching theory subjects including Workshop Calculation and Science and Engineering Drawing and another for conducting practical, having separate recruitment qualifications and norms as proposed in Annexure I as the Government of India had already accepted the aforesaid recommendations of NCVT for implementation under Craftsmen Training Scheme (hereinafter referred to as "the CTS"). Aforesaid annexures have been brought on record as Annexure 3 clearly laying down that possession of certificate granted under Craft Instructors Training Scheme (one year course) would be essential qualifications for such appointments which is known as Craft Training Instructors (hereinafter referred to as "the CTI"). It is submitted that the aforesaid direction of the Central Government has completely been ignored which would be apparent Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 6/19 from the advertisement contained in Annexure 6. It is contended that such advertisement excludes the eligibility criteria which was required to be followed and advertised. Learned counsel has submitted that though the relevant subject matter has been included in the List I that is the Union List of VIIth Schedule of the Constitution as Entry No. 65 and 67 as well as Entry No. 25 in List III, i.e., the concurrent list, however, Entry No. 25 clearly lays down that it would be the subject to the provisions of Entries at Sl. No. 64, 65 and 67 of list I. In the above view of matter, it is urged, that the State authorities could not have ignored such mandate and, thus, the concerned advertisement is fit to be quashed and set aside. Learned counsel has placed reliance upon a decision of a Single Bench of Allahabad High Court rendered in Writ Petition No. 1822 of 2004 [Upendra Narain Singh & Ors. Versus The State of U.P. & ors.]. It is urged that in the aforesaid decision it has been held that amendment made in the rules by the Government of Uttar Pradesh on 8.8.2006 deviating from the direction of Central Government contained in Annexure 2 and subsequent advertisement for filling up the vacancies on the basis of the aforesaid amendment were held to be invalid being in violation of the Constitutional Scheme of distribution of legislative powers and also in violation of Articles 14 and 16 Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 7/19 of the Constitution of India. As a result subsequent advertisement was quashed and the State authorities were directed to come up with fresh advertisement for the concerned vacancy including those which may have arisen subsequently.
Second limb of argument on behalf of the petitioners is that the State Government by advertising 600 posts of Vocational Instructors has created a cadre. It is urged since large number of posts are going to be filled up, certain recruitment rules governing the service condition of such cadre and laying down procedure of appointment should have been framed prior to that in compliance of the mandate of Article 309 of the Constitution of India. It is submitted that State Government has not come up with a claim in the counter affidavit that either such rules have been framed or there was any Government order issued under Article 162 of the Constitution or even under any executive instruction declaring creation of such posts and terms and conditions of service as well as procedure of appointment etc. It is urged that in the absence of the above the entire process would be nullity and should immediately be brought to naught.
It is next contended that making degree of the concerned engineering trade to be one of the essential qualifications would also be bad in view of the fact that such qualifications are required for Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 8/19 appointment on the post of Principal of such institution. If, for Vocational Instructors, such degree is declared to be required then again that would be in violation of the direction of the Central Government contained in Annexure 2. Learned counsel has produced Training Manual for Industrial Training Institutes and Centers, Second Edition, published by the Ministry of Labour, Government of India and has referred Clause 51 of the part 3 thereof dealing with Institute Staff to impress upon this Court that such degree holders in the appropriate branch of Engineering / Technology of a recognized University was required for appointment of Principal of Industrial Training Institute whereas for Vocational Instructors recruitment requirements are as follows:
(a) Academic: Passed 10th standard examination under 10+2 system of education.
(b) Technical Passed three years diploma in appropriate branch of Engineering from a recognized institute . (c) Possesses certificate under Craft Instructor Training Scheme( One year course) or should have successfully completed minimum two modules viz Teaching Methodology Module (three months duration and Trades Technology Module(six months duration) under Craft Instructor Training programme On Modular pattern or should have passed one year course from a Technical Teacher Training Institute (TTTI) under M/o HRD."
It is lastly contended that since such Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 9/19 advertisement of large scale is coming for the first time covering such field, there should have been relaxation of age limit prescribed in the advertisement to accommodate such persons who have already crossed the age barrier as no appointment could be made during the last several years.
Per contra learned counsel for the State has submitted that there is no quarrel with the proposition that, in view of the entry of relevant subject matter in List I and in view of the restrictions which have been imposed in the Entry No. 25 of List III of VIIth Schedule of the Constitution, the criteria fixed by the Central Government would have to be followed while making such appointment. However, it is contended that the advertisement has come up in compliance of the criteria subsequently having been fixed by the Central Government contained in its letter dated 15.12.2008 as contained in Annexure B as well letter dated 28th September, 2010 as contained in Annexure C. It is submitted that the Central Government itself has prescribed minimum qualification for appointment of Vocational Instructors in ITIs for trades under CTS after having been approved by Council (NCVT), to be 10th class pass or equivalent whereas technical qualifications would be Degree in Engineer/ Three year Diploma in appropriate branch of trade Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 10/19 concerned or National Apprenticeship Certificate or National Trade Certificate in the relevant trade. It is submitted that subsequent qualification prescribed by the Central Government does not include CTI. So far the candidates who have passed the "Principle of Teaching‟ are concerned that has been recommended as a desirable qualification which has been upheld by a Single bench of this court in C.W.J.C. No. 5380/2010 as well as Division Bench of this Court in L.P.A. 896 of 2010.
However, so far the ground as to whether any rules have been framed or not it was first submitted that rules have been framed and even a copy of rules was produced for perusal of this Court, however, subsequently, it was informed that it is yet to be published in the official gazette, thus, that would be of no significance for present consideration.
Though indulgence was granted, nothing has been brought on record by filing any affidavit that in the absence of Rules framed any Government decision, executive instruction or any Government order or anything is there showing that some decision was taken at the Government level to create posts and indicating as to what procedure is to be adopted for making such large scale recruitment as well as what would be the service conditions of such appointees. All that has been produced is Annexure A dated 30.8.2012 Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 11/19 which is a letter written by the Deputy Director, Training, Bihar, Patna addressed to the Secretary, Bihar Staff Selection Commission , Patna informing that he should make recommendation for 600 posts after getting it advertised as early as possible. This letter does not disclose anywhere that at what level and by which order such posts were created or any decision was taken by a competent authority to follow a particular procedure of appointment fixing service conditions etc. Learned counsel has submitted that State Authorities have simply adopted the instructions of the Central Government. However, no decision has been brought on record for perusal of this Court that even such decision has been taken by any competent authority, thus, the State Government would be required to file a further affidavit bringing on record such documents showing creation of a cadre or creation of post or the procedure etc. which are to be followed for making such a large scale appointment taken by any competent authority.
In view of the stand which has been taken by the petitioners with respect to Annexures B and C that the same is only relevant for making appointment in Institutes under CTS large scale recruitment as well as what would be the service conditions of such appointees. All that has been produced is Annexure A dated 30.8.2012 which is a letter Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 12/19 written by the Deputy Director, Training, Bihar, Patna addressed to the Secretary, Bihar Staff Selection Commission , Patna informing that he should make recommendation for 600 posts after getting it advertised as early as possible. This letter does not disclose anywhere that at what level and by which order such posts were created or any decision was taken by a competent authority to follow a particular procedure of appointment fixing service conditions etc. Learned counsel has submitted that State Authorities have simply adopted the instructions of the Central Government. However, no decision has been brought on record for perusal of this Court that even such decision has been taken by any competent authority, thus, the State Government would be required to file a further affidavit bringing on record such documents showing creation of a cadre or creation of post or the procedure etc. which are to be followed for making such a large scale appointment taken by any competent authority.
In view of the stand which has been taken by the petitioners with respect to Annexures B and C that the same is only relevant for making appointment in Institutes under CTS in the Instructors Training Wing in existing ITIs run by State Government in view of the letter dated 10th December, 2008 as contained in Annexure A to the Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 13/19 rejoinder filed on behalf of the petitioners.
Learned counsel for the Central Government was directed to seek instruction as to whether the advertisement under challenge is in consonance with the policy of the Central Government specially in view of Annexure 2 issued in the year 1996 as well as Annexure B dated 15.12.2008. Such affidavit has not been filed. However, learned counsel submits that he has been instructed to inform this Court that qualifications etc. for recruitment of instructors for imparting training in ITIs. is to be set by the State Government. In the letters concerned qualification of Instructors is merely a parameter set for granting NCVT affiliation to the ITIs . However, in view of the fact that no ITI can run without affiliation by the NCVT and the State Government claims to have come up with Annexures A and B accepting the recommendation of the Council (NCVT) setting out such parameter by the Central Government‟s parameter for consideration of this case, the Central Government Authorities would be required to file counter affidavit covering this issue as to whether Annexure 2 or Annexure B to the counter affidavit would hold the field for setting out the necessary parameters of the qualifications of the instructors. It has been stated that Annexure B itself that it is relevant for the purpose of affiliation but the parameters appears to have been set for Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 14/19 purpose of appointment in such ITIs otherwise affiliation may not be granted to such institution by the NCVT.
As prayed, four weeks time is granted to the State and the Central Government for filing further affidavit in view of the observation of this Court made hereinabove.
However, it has been contended on behalf of the petitioners that in the meantime the concerned examination pursuant to the impugned advertisement should not be allowed to be held in view of the infirmities which has been pointed out in the advertisement itself.
On this issue, learned counsel appearing for the State as well as the Staff Selection Commission has stated all the petitioners, who have not crossed the age barrier, have been allowed to appear in the selection process and in above view of the matter there would no occasion for stalling the process of examination as the same would definitely be subject to the result of this writ application.
In my considered opinion, in view of the subsequent letter as contained in Annexure B to the counter affidavit and, further, the fact that no affidavit has been filed by the Central Government authorities clarifying as to which direction, the Annexure 2 or Annexure B would hold the field, it would not be proper to stay the process of selection Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 15/19 at this juncture. However, it is made clear that no selection list pursuant to the examination which is going to be held on 28th July, 2013 should be notified or published till further order.
Further, in view of the fact that no ground could be set forth at this stage by the petitioners to show as to on what basis age relaxation should be given to some of the petitioners who have been denied appearance in the concerned examination on the ground that they have crossed age barrier, as it has only been stated that they were well qualified in the year 2007, no interim relief could be granted at this stage. However, this issue would remain alive.
(Dr. Ravi Ranjan, J)"
3. After the above order was passed, further pleadings have been exchanged between the parties including a development that vide a gazette notification dated 25th of July, 2013 Bihar Industrial Training Instructors Cadre Rule- 2013 has been notified.
There was no cadre rules earlier which could govern the service conditions etc. for such Instructors.
4. Learned senior counsel representing the set of petitioners in CWJC No.7890 of 2013 reiterated his stand which he had already urged earlier and was taken note of in the previous order dated 26.7.2013. In addition to that, he again relies on a decision rendered in identical circumstance in a litigation which Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 16/19 arose before the Allahabad High Court which was Writ Petition No.1822 of 2004 i.e. the case of Upendra Narain Singh & others vs. State of UP & another. After a detailed hearing, the writ applications were allowed with a direction to issue fresh advertisement keeping in mind the vacancies which have arisen since filing of the writ application as well as allowing such candidates who have obtained higher/ teaching qualifications as recommended by the Central Government in the Rules of 1991 as amended till 8.8.2013. The Court has been informed that the above decision was also upheld by a Division Bench of Allahabad High Court in Special Appeal No.1078 of 2006, decided on 12.10.2006. Copy of this order has also been placed on record.
The Court is informed that this order has also been affirmed by the Hon'ble Supreme Court.
5. Learned senior counsel further submits that the position in law as laid down by Allahabad High Court further finds support in a matter arising out of State of Himachal, which is case of State of Himachal Prasadesh & others vs. Himachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh, reported in (2011) 6 SCC 597.
6. Yet another decision relating to similar dispute arose in the State of Uttarakhand in Writ Petition No.775 of 2010, Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 17/19 which is case of Suresh Kumar Bairagi & others and State of Uttarakhand & others, reported in (2010) 2 UPLBEC 17, a copy of which is again placed on record of this case.
7. The core issue, therefore, which arises for consideration is whether the State of Bihar has the liberty of giving a go-bye to the basic eligibility and qualification, which has been laid down by the Union of India in filling up such posts of Instructors, by way of issuance of Advertisement no.2/13.
8. Several counter affidavits have been filed on behalf of respondent State. They have placed on record a copy of the Bihar Industrial Training Instructors Cadre Rules, 2013, notified in the gazette on 25th of July, 2013. It is their stand that the said Rules notified under Article 309 of the Constitution of India will cover the issue and the dispute raised in the present writ applications. In addition to that, they also take a plea that norms of Instructions, qualification for trades under Crafts Training Scheme has been specified by the DGE&T, Government of India vide its letter no.DGE&T-19(8)/2008 CD, dated 15/23 December, 2008. It does provide the details of training manual, instructions and guidance regarding the qualification, experience and method of direct recruitment as well as promotion of technical staff of Industrial Training Institutes. In pursuance to the above Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 18/19 instructions, requisition was sent in the year 2009, which is Annexure- F to the second supplementary counter affidavit and subsequently, the Bihar Industrial Training Instructors Cadre Rules, 2013 has been notified.
9. Since the above Rules has been put in place as per the gazette notification dated 25th July, 2013, the previous advertisement contained in Annexure- 6 is hereby quashed. Writ applications are allowed. The State is directed to issue a fresh advertisement in consonance with the requirements laid down in Bihar Industrial Training Instructions Cadre Rules, 2013, which should be made in conformity with the requirements laid down by NCVT as to the qualification of CTI.
10. So far as the issue of all such candidates, who may have become overage during the long gap of initiation of process of such selection or appointment, that is a matter of policy which ought to be considered by the State Government as a one time measure, for after all, such candidates can be expected to have some kind of a legitimate expectation in matter of giving an opening, for public employment, under the State.
11. In view of broad parameters, which has been considered and decided in CWJC No.7890 of 2013, no separate order as such is required to be passed in CWJC no.3881 of 2012.Patna High Court CWJC No.7890 of 2013 (15) dt.17-06-2014 19/19
Writ applications are allowed.
(Ajay Kumar Tripathi, J) sk