Patna High Court - Orders
Md. Hasin Akhtar & Ors vs The State Of Bihar & Ors on 18 June, 2014
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7767 of 2013
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1. Md. Hasin Akhtar Son Of Md. Jawaid Akhtar Resident Of Village -
Jamaluddin Chak, P.O. And P.S. Khagaul, District - Patna, Pin Code -
801105
2. Smt. Asha Kumari Wife Of Pankaj Kumar Sinha Resident Of Village -
Bijay Bigha, Barki Delha, P.O. Gaya, P.S. Delha, District - Gaya, Pin Code
- 823002
3. Jitendra Kumar Son Of Sri Shivnath Sharma Village - Tangaul ( Mazar
Road ) P.O. - Hajipur, District - Vaishali, Pin Code - 844101
4. Chandra Shekhar Prasad Verma Son Of Sri Rajendra Verma Village -
Kaushal Nagar, Off Polo Road, Quarter No. 52, P.O. Gpo, P.S. Hawai
Adda, District - Patna, Pin Code - 800001
5. Vijay Kumar Son Of Sri Ghanshyam Prasad Sharma Village - Booknaw,
P.O. And P.S. Sanjhauli, District - Rohtas, Pin Code - 802220
6. Rakesh Ranjan Kumar Son Of Sri Bishwanath Singh Resident Of
Village - Govindbara, P.O. And P.S. Phenhara, District - East Champaran,
Pin Code - 845430
7. Rupesh Kumar Son Of Sri Chandreshwar Prasad Singh Resident Of
Village And P.O. - Kolhua Paigambarpur, P.S. Ahiyapur, District -
Muzaffarpur, Pin Code - 843108
8. Ramesh Kumar Son Of Sri Dudheshwar Vishwakarma Resident Of
Anandpuri No. 1, ( Near Shiv Mandir ), P.O. Hehal, District - Ranchi, State
Of Jharkhand
9. Md. Minhaj Son Of Md. Anisur Rahman Resident Of At Moghlakhar,
P.O. And P.S. Nawada, District - Nawada, Pin Code - 805110
10. Sanjay Kumar Son Of Shree Ram Lagan Roy Resident Of Village -
Rikhauli, P.O. Paktala, Via Dumra, District - Sitamarhi, Pin Code - 843301
11. Pramod Kumar Son Of Late Balkeshwar Prasad Resident Of Village -
Bharthu Chiri, P.O. Bharthu, District - Jehanabad, Pin Code- 804432
12. Santosh Kumar Verma Son Of Late Shyam Sunder Prasad Srivastava
Resident Of Village - Madhuban Raghunathpur, P.O. Silout, P.S. Maniyari,
District - Muzaffarpur, Pin Code - 843119
13. Nitesh Kumar Son Of Chandrika Ravidas Village And P.O. - Barni,
P.S. Dhanarua, District - Patna, Pin Code - 804452
14. Deonarain Paswan Son Of Bhimal Paswan Resident Of Village -
Musnaper, P.O. Kansari, District - Patna, Pin Code - 304451
15. Anil Kumar Son Of Rajaram Sah Resident Of P.O. Kailedewa, P.S.
Phulwaria, District - Gopalganj, Pin Code - 841452
16. Anil Kumar Sinha Son Of Late Ramcharitra Sinha Resident Of Village -
Sonawan, P.O. Chandhari, P.S. Islampur, District - Nalanda, Pin Code -
801303
17. Sujit Kumar Son Of Sri Rajendra Ray Resident Of Village -
Dharampur, P.O. Parsauni, P.S. Dumra, District - Sitamarhi, Pin Code -
843301
18. Dinesh Kumar Vidyarthi Son Of Sri Lakshman Manjhi Resident Of
Village - Malkha Chak, P.O. And P.S. Dighwara, District - Saran ( Chapra )
Pin Code- 841207
19. Sujeet Kumar Son Of Ramphal Sah Resident Of At And P.O. Mahanth
Maniyari, Tola - Bishunpur, District - Muzaffarpur, Pin Code - 843147
20. Deepak Kumar Son Of Sri Ramjee Ram Resident Of At Khedarpur,
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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P.O. Bahadurpur, District - Samastipur, Pin Code - 848114
21. Sunil Choudhree Son Of Sri Chotelal Choudhree Resident Of Village -
Bind, P.O. And P.S. Bind, District - Nalanda, Pin Code - 811108
22. Akhilesh Kumar Son Of Sri Basudeo Ram Resident Of Village -
Dhanrua, P.O. And P.S. Dhanrua, District - Patna, Pin Code - 804451
23. Arya Kumar Son Of Sri Ramanuj Sharma Resident Of Village -
Gokhulla, P.O. Bara, District - Patna, Pin Code - 804454
24. Prabhat Ranjan Son Of Satyendra Thakur Resident Of Village - Kajra
Tand, P.O. Chaugain, Via - Bankey Bazar, District - Gaya, Pin Code -
824217
25. Gyan Prakash Sharma Son Of Deo Nandan Sharma Resident Of Village
- Kajipur ( Near The Tree ) P.O. Bankipur, District - Patna, Pin Code -
800004
26. Ram Vijay Vishwakarma Son Of Bunesh Mistry Resident Of Village -
Belsar, P.O. Belsar, Disstrict - Arwal, Pin Code - 824127
27. Amresh Kumar Amar Son Of Ganga Mahto Resident Of Village -
Husena Rashana, P.O. Baluka Ram, District - Vaishali, Pin Code - 844113
28. Sushil Kumar Son Of Late Arjun Mistry Resident Of Village -
Rashtriya Ganj, Phulwarisharif, P.O. And P.S. Phulwarisharif, District -
Patna Pin Code - 801505
29. Raj Kumar Son Of Laxmi Narayan Yadav Resident Of Village -
Maranpur, P.O. Chand Chura, P.S. Civil Lines, District - Gaya, Pin Code -
823001
30. Ajeet Kumar Son Of Bakhori Prasad Singh Resident Of 51/12, Fair
Field Colony, Digha Ghat, District - Patna, Pin Code - 800011
31. Md. Salamullah Son Of Md. Bismillah Resident Of At - Takiyapar
Nariyal Ghat, Danapur, ( Opposite Post Office Lane ), P.O. Digha, District -
Patna, Pin Code - 800012
32. Satish Kumar Son Of Late Yaduvansh Prasad Singh C/O Sri Phul
Babu Singh, Mohalla - Kailashpuri, Ward No. 09, P.O. Dumra Court, P.S.
Dumra, District - Sitamarhi, Pin Code - 843301
33. Rajiv Kumar Pandit Son Of Sri Parmeshwar Pandit Resident Of
Mohalla - Molaganj, P.O. Lalbagh, District - Darbhanga, Pin Code - 846004
34. Sanatan Kumar Son Of Sri Rameshwar Das Resident Of Village -
Phulwariya, P.O. Danauli Phulwariya, District - Begusarai, Pin Code -
851211
35. Anil Kumar Chourasia Son Of Sri Ramvir Bhagat Resident Of Village
And P.O. Sanahpur, Via - Ratanpur, District - Darbhanga, Pin Code - 84307
36. Sanjay Ram Son Of Sri Naresh Ram Resident Of Village - Hanuman
Nagar, P.O. Belahi, P.S. Runnisaidpur, District - Sitamarhi, Pin Code -
843311
37. Shanmbhu Kumar Pandit Son Of Sri Ghanshyam Pandit Resident Of
Village - Makdampur, P.O. Itahri, P.S. Salkhua, Via - Salkhua, District -
Saharsa, Pin Code - 852126
38. Reema Kumari Daughter Of Raju Prasad Sukl Baidya Resident Of
Mohalla - Ambedkar Nagar, Khajasarai, P.O. Laheriasarai, District -
Darbhanga, Pin Code - 846001
39. Manoranjan Pathak Son Of Sri Devendra Pathak Resident Of Village
And P.O. Asinchak, Via - Dalsingsarai, District - Samastipur, Pin Code -
848114
40. Nitish Kumar Son Of Sri Bharat Prasad Sah Resident Of At And P.O.
Itwa, Via - Dharhara, District - Munger, Pin Code - 811212
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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41. Manoj Kumar Son Of Late Ram Krishna Resident Of Village - Darma,
P.O. - Chandradeep, P.S. Kawalkol, District - Nawadah, Pin Code - 805124
42. Jitendra Kumar Son Of Sri Naval Kishore Prasad Resident Of At And
P.O. Bara Khurd, Via - Neorsarai, District - Nalanda, Pin Code - 803113
43. Abhishek Kumar Son Of Amit Kumar Resident Of Village -
Babhanbigha, P.O. Barbigha, District - Sheikhpura, Pin Code - 811101
44. Amar Kumar Son Of Late Ranjan Kumar Resident Of Mohalla -
Jawaripur ( South Of Cold Storage ), P.O. Tilkamanjhi, District -
Bhagalpur, Pin Code - 812001
45. Rajiv Ranjan Son Of Sri Ram Briksh Choudhary Resident Of Mohalla
- Khajoorbanna, Nanmuhyian, P.O. Mahendru, P.S. Sultanganj, District -
Patna, Pin Code - 800006
46. Pravin Kumar Son Of Sri Anil Kumar Ray Resident Of At And P.O. -
Piri Bazar, District - Lakhisarai, Pin Code - 811112
47. Dineshwar Singh Son Of Late Gopi Singh Resident Of At Back Of
Polson, ( Nirala Nagar ), Digha Ghat, District - Patna, Pin Code - 800011
48. Jitendra Kumar Singh Son Of Sri Kamta Rai Resident Of At - Digha,
Palson Road, Opposite Ankur School, P.O. Digha Ghat, District - Patna, Pin
Code - 800011
49. Jitendra Safi Son Of Sri Biltu Safi Resident Of Village - Birpur, P.O.
Malahi, P.S. Sursand, District - Sitamarhi, Pin Code - 843331
50. Abhay Kumar Son Of Sri Prakash Pandit Resident Of Mohalla -
Amarpur, P.O. Patna City, P.S. Mehdiganj, District - Patna, Pin Code -
800008
51. Subodh Kumar Son Of Sri Bideshi Prasad Yadav Resident Of Village -
Baburahi, P.O. Shaligrami, District - Begusarai, Pin Code - 851217
52. Amresh Kumar Son Of Sri Jagnnath Ram Resident Of Village -
Madhopur Anant, P.O. Khairwadarp, District - Sheohar, Pin Code - 843329
53. Shashi Bhushan Ram Son Of Sri Ram Chandra Ram Resident Of
Village And P.O. Sugiya, P.S. And District - Sheohar, Pin Code - 843329
54. Aarti Kumari Daughter Of Surendra Prasad Singh Surendra Nursery,
Aamgola Pankhatoli, P.O. Ramna, P.S. Kaji Mohammadpur, District -
Muzaffarpur, Pin Code - 842001
55. Sujeet Kumar Son Of Sri Gagandeo Sah Resident Of Village - Koeli
Bharao, P.O. Tengaraha, P.S. Minapur, District - Muzaffarpur, Pin Code -
843117
56. Om Prakash Sharma Son Of Late Shiv Shankar Sharma Resident Of
Village And P.O. Bhagwatpur, P.S. Taraiya, District - Chapra ( Saran ), Pin
Code - 841424
57. Salim Ahmed Son Of Masihuzzaman Resident Of Village - Bahurupiya,
Ward No. 4, P.O. And P.S. Sugauli, District - East Champaran, Pin Code -
845456
58. Rajeev Ranjan Son Of Sri Shankar Choudhary Resident Of At - Bharat
Rout, Po. - Hajipur, District - Vaishali, Pin Code - 844101
59. Vidya Nandan Prasad Son Of Late Chotu Prasad Resident Of Village -
Naily, P.O. - Chand Chura, P.S. Magadh Medical College, District - Gaya,
Pin Code - 823001
60. Ranjay Singh Son Of Sri Sudarshan Singh Resident Of Village -
Bagnaha, P.O. Deomar Kandey, P.S. Karakat ( Godai ), District - Rohtas,
Pin Code - 802214
61. Surendra Kumar Singh Son Of Late Ram Ashish Singh Resident Of
Village - Bhunder Bigha, P.O. Ramdihra, P.S. Amjhor, District - Rohtas,
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Pin Code - 821312
62. Vinod Paswan Son Of Sri Sadhu Paswan Resident Of Village And
P.O. - Kako, Prakhand - Kako, District - Jehanabad
63. Anant Kumar Son Of Sri Rasbihari Singh Resident Of Village -
Niranjan Bigha ( Karamchari Colony ), P.O. Manikpur, Via - Dalmianagar,
P.S. Dihri, District - Rohtas, Pin Code - 821305
64. Daya Sagar Shandar Son Of Sri Chan Ram Resident Of Village -
Chanda, P.O. Jamalpur ( Pateri ) P.S. Chand, District - Kaimur ( Bhabhua )
Pin Code - 821106
65. Ganesh Kumar Son Of Sri Kanhai Ram Resident Of Village - Kunjwa,
Po. Kunjwa, P.S. Bihta, District - Patna, Pin Code - 801103
66. Avinash Kumar Verma Son Of Sri Mathura Prasad Resident Of Village
- Bahadurpur, Po. Rupas, P.S. Athmalgola, District - Patna, Pin Code -
803211
67. Abhishek Ranjan Son Of Sri Vijay Kumar Sinha Resident Of Village -
Ram Nagar, Bengali Tola, Devia Asthan, Po - Gpo, P.S. Jakkanpur, District
- Patna, Pin Code - 800001
68. Hemlata Kumari Wife Of Sanjay Kumar Gupta Resident Of Gupta
Vastralaya, Station Road, Nadia Tola, Kahalgaon, Ward No. 10, P.O. And
P.S. - Kahalgaon, District - Bhagalpur, Pin Code - 813203
69. Shashi Kant Son Of Sri Suresh Pandit Resident Of Village - Raisar,
P.O. Basudeopur, District - Mungyer
70. Anayat Karim Son Of Md. A. Rashman Resident Of Village -
Sujawalpur, P.O. Shankerpur, District - Mungyer
71. Valmiki Kumar Son Of Late Barho Das Resident Of Village - Bhagat
Chouki, P.O. Nawagarhi, District - Mungyer, Pin Code - 811211
72. Dipak Sharma Son Of Sri Nakuldeo Sharma Resident Of Village And
P.O. - Dharhara, District - Mungyer, Pin Code - 811212
73. Niranjan Kumar Son Of Sri Bijoy Krishna Pandit Resident Of Village
And P.O. Mahadeopur ( Pandit Tola ) P.S. - Amarpur, District - Banka, Pin
Code - 813101
74. Anil Kumar Son Of Sri Ramdeo Das Resident Of Village - Bakhadda,
Po - Chhaurahi, Via - Meghaul, P.S. Chhaurahi, District - Begusarai, Pin
Code - 848202
75. Khushbu Kumari Daughter Of Gurusharan Das Resident Of Village -
Bhagwanpur, Hardo Gola, Rewa Road, District - Muzaffarpur, Pin Code -
842001
76. Umesh Prasad Son Of Sri Basant Prasad Resident Of Village - Sakunt
Kalan, Po. Biharsharif, District - Nalanda, Pin Code - 803101
77. Indrajeet Kumar Son Of Sri Babula Thakur Resident Of Village And
P.O. Kursaha, Via - Mohiuddin Nagar, District - Samastipur, Pin Code -
848501
78. Mahesh Kumar Son Of Sgt. J.P. Gupta Resident Of Village - Ambika
Bhawan, Taringa Chowk, Ward No. 15, Gangjala, District - Saharsa
79. Rajesh Kumar Son Of Sri Ramjee Rai Resident Of Village And P.O.
Nirmali, Ward No. 2, Ditrict - Supaul, Pin Code - 847452
80. Md. Safik Son Of Md. Rauf Resident Of Village - Nagarpura, P.O.
Barkasihanpura, District - Buxar, Pin Code - 802120
81. Md. Hare Alam Son Of Md. Nizamuddin Resident Of Village - Karim
Nagar, P.O. Mohiuddin Nagar, District - Samastipur
82. Ravi Bhushan Son Of Sri Upendra Prasad Yadav Resident Of At And
Po - Ajagaiva, P.S. Sour Bazar, District - Saharsa, Pin Code - 852221
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83. Narayan Choudhary Son Of Sri Rupchand Choudhary Resident Of At
Hakpara, P.O. Nandlali, Via - Panchgachia, District - Saharsa, Pin Code -
852124
84. Arun Kumar Patnak Son Of Sri Shashi Kant Pathak Resident Of At
And P.O. Papraur, District - Begusarai, Pin Code - 851210
85. Deepak Kumar On Of Nagendra Mahto Resident Of Bypass Road,
Near Sanjay Kisan Petrol Pump, Ward No. 9, At And P.O. Birpur, District -
Supaul, Pin Code - 854340
86. Rekha Kumari Wife Of Nandkishore Mandal C/O Deokinandan Singh,
New Shastri Nagar, Ward No. 3, Madhubani, District - Purnea, Pin Code -
854301
87. Dharmendra Kumar Ram Son Of Sri Srichandra Ram Resident Of At
Bikrampur, P.O. Sarangpur, P.S. Tajpur, District - Samstipur, Pin Code -
848505
88. Sanjay Kumar Son Of Sri Harishchandra Mahto Resident Of Village -
Dudha Paniya, P.S. Kawakol, District - Nawadah, Pin Code - 805106
89. Amardeep Kumar Son Of Sri Ganesh Modi Resident Of Mohalla -
Shiv Puri, Pokharia, Behind Mandal Kara, P.O. And P.S. Begusarai, District
- Begusarai, Pin Code - 851101
90. Rajesh Kumar Son Of Sri Basudeo Ram Resident Of Village And P.O.
Dhanarua, P.S. Dhanarua, District - Patna, Pin Code - 804451
91. Ajay Kumar Ram Son Of Sri Judagir Ram Resident Of Village -
Kajpa, Po. Jakhnim, P.S. Rafiganj, District - Aurangabad, Pin Code -
824122
92. Sushil Kumar Sharma Son Of Sri Raghuwansh Prasad Sharma Resident
Of Village - Sermari Bazar, P.O. Pirpainti, District - Bhagalpur
93. Gunjan Kumar Sinha Son Of Sri Vinod Kumar Sinha Resident Of
Macharhatta Pul, Ward No.23, Buxar, Po.Buxar, District - Buxar, Pin Code
- 802101
94. Md. Ali Asgar Ansari Son Of Md. Kasimuddin Ansari Resident Of Via
- Shalimar General Store, Attaur Rahman, Main Road, Alamganj, Patna, Pin
Code - 800007
95. Dharmendra Kumar Son Of Sri Kapildeo Prasad Resident Of Village -
Siyarbhutta, P.O. Chakand ( R.S. ), P.S. Chandauli, District - Gaya, Pin
Code - 804404
96. Vinod Kumar Son Of Sri Ram Prasad Resident Of Village - Uttri
Sanghat ( Kumhar Toli ) P.O. And P.S. Phulwarisharif, District - Patna, Pin
Code - 801505
97. Niket Anand Son Of Sri Ghanshyam Singh C/O Smt. Baruna Kumari,
Government Polytechnic Office, Saharsa, Pin Code - 852201
98. Ajay Kumar Son Of Late Naresh Prasad Resident Of Village - Pakri
Sarai, Po - Ghogha, P.S. Kahelgaon, District - Bhagalpur, Pin Code -
813205
99. Ravi Kumar Son Of Sri Anjani Prasad Sah Resident Of At - Mangal
Colony, Sudin Chwok, District - Purnea, Pin Code - 854301
100. Rahul Kumar Son Of Sri Satyanarayan Mahto Resident Of At - Kali
Asthan Chowk, Behind Ply Mills, Po. Madhubani, District - Purnea, Pin
Code - 854301
101. Shekhar Prasad Singh Son Of Sri Dwarika Singh Resident Of Village
- Pandh ( West ) P.O. Chakbahuddin, Via - Dalsingsarai, District -
Samastipur, Pin Code - 848114
102. Sanjeev Kumar Son Of Sri Ramawtar Thakur Resident Of Village -
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Bishunpur Chatarbhuj, Po. Begusarai, P.S. Mufassil, District - Begusarai,
Pin Code - 851101
103. Vijay Kumar Son Of Late Naresh Prasad Resident Of At - Pakki
Sarai, Po. Ghogha, P.S. Kahelgaon, District - Bhagalpur, Pin Code - 813205
104. Barun Thakur Son Of Sri Jitan Thakur Resident Of At And P.O
Rakia, Via - Garh Baruari, P.S. Bihra, District - Saharsa, Pin Code - 852110
105. Ramesh Kumar Son Of Sri Naresh Choudhary Resident Of Digha
Behind Polson, Nirala Nagar, Po. And P.S. Digha Ghat, District - Patna, Pin
Code - 800011
106. Manoj Kumar Singh Son Of Sri Batukeshwar Singh Resident Of At -
Madan Bigha, P.O. Pirthu, P.S. Salaiya ( Madanpur ), District -
Aurangabad, Pin Code - 824208
107. Sanjay Kumar Sah Son Of Sri Sita Ram Sah Resident Of At -
Bariyahi, Po. - Simariya Ghat, P.S. Barauni, Via - Gadhara, District -
Begusarai, Pin Code - 851126
108. Rakesh Kumar Roshan Son Of Sri Yadunandan Prasad Singh
Resident Of Village - Sanha Naya Tola, Po. - Bakra, P.S. Sahebpur Kamal,
District - Begusarai , Pin Code - 851717
109. Sanjit Kumar Son Of Sri Hari Narayan Prasad Resident Of Village
And P.O. - Barni, P.Ss. Dhanarua, District - Patna, Pin Code - 804452
110. Ramjee Ram Son Of Sri Mahedra Ram Resident Of Village -
Teldiha, Po. Kara, Via - Obra, District - Aurangabad, Pin Code - 824124
111. Sandeep Kumar Son Of Sri Suresh Prasad Sharma Resident Of
Village - Purani Ganj, P.O. Mungyer, District - Mungyer, Pin Code -
811201
112. Arvind Kumar Son Of Sri Rajbali Rajnan Resident Of Village And
P.O - Jaitpur, P.S. Haspura, District - Aurangabad, Pin Code - 824114
113. Hitesh Kumar Sharma Son Of Shachidanand Sharma Resident Of
Village - Badi Keshopur, Po. Jamalpur, Distict - Mungyer, Pin Code -
811214
114. Sanjay Kumar Pandey Son Of Late Niras Pandey Resident Of Village
- Sivaisinghpur, P.O. Malahi Patti, Bahadurpur, Disstrict - Darbhanga, Pin
Code - 846001
115. Md. Sanaullah Son Of Md. Musa Resident Of Village - Sikorna, P.O.
Jahnwan, Via - Salmari, P.S. Kadwa, District - Katihar, Pin Code - 855113
116. Vikas Safi Son Of Late Ganesh Safi Resident Of Village - Maidan
Sursand, Po. Sursand, District - Sitamarhi, Pin Code - 843331
117. Arun Kumar Son Of Sri Ugesh Madal Resident Of Village And P.O.
Baisa, Via - Mehdipur, P.S. Parbatta, District - Khagaria, Pin Code - 851212
118. Subhash Kumar Son Of Sri Ramsagar Paswan Resident Of Village
And P.O. Sahuri, P.S. Birpur, District - Begusarai, Pin Code - 851112
119. Sanjiv Kumar Singh Son Of Chote Lal Singh Resident Of At -
Chapparghat, Po. Latra, Via - Naugachia, District - Bhagalpur, Pin Code -
853204
120. Pawan Kumar Himanshu Son Of Sri Niranjan Singh Resident Of At
And Po - Sanokhar Hat, Via - Ekchari, District - Bhagalpur Pin Code -
813204
121. Ranjeet Kumar Son Of Sri Bindeshwari Prasad Yadav Resident Of
Quarter No.Ef/369, Po - Btps, District - Begusarai, Pin Code - 851116
122. Sushil Kumar Son Of Sri Arjun Pandit Resident Of National
Highway Office, Po - Mirzapur Bandhar, District - Begusarai, Pin Code -
851129
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123. Abodh Kumar Son Of Late Laxmi Sharma Resident Of Village -
Matadih, Po. - Jammalpur, P.Ss. Dharhara, District - Mungyer, Pin Code -
811214
124. Ajay Harijan Son Of Late Suryanarayan Harijan Resident Of Village
- Pipradih, Po - Morama, District - Banka, Pin Code - 813107
125. Subodh Kumar Jain Son Of Late Natuhi Mahto Resident Of Village
And P.O. - Jitwarpur Chouth, District - Samastipur, Pin Code - 848134
126. Uma Shankar Prasad Son Of Late Maheshwar Prasad Sah Resident Of
Village - Chandauli, P.O Bithan, District - Samastipur, Pin Code - 848207
127. Raj Ranjan Kumar Son Of Sri Mahadeo Prasad Sah Resident Of
Village And Po. - Masumganj, P.S. Asarganj, Via - Sultanganj, District -
Mungyer, Pin Code - 813213
128. Sanjay Kumar Son Of Sri Kapileshwar Yadav Resident Of Village -
Piprahari, Po - Pipra Khurd, Via And District - Supaul, Pin Code - 852131
129. Indarkant Kavi Son Of Uday Chand Yadav Resident Of Village And
P.O. - Rajni, Via - Bihariganj, District - Madhepura, Pin Code - 852101
130. Manoj Kumar Son Of Sri Raghunandan Mahto Resident Of Village
And Po Adhsar, District - Jamui, Pin Code - 811307
131. Deepak Kumar Son Of Sri Ram Sakal Prasad Resident Of Village
And P.O - Bichhway, P.S. Chanan ( Mananpur ), District - Lakhisarai Pin
Code - 811310
132. Md. Jamal Uddin Son Of Md. Mokkin Resident Of At - Sunderpur,
Po. - Bahachowki, District - Mungyer, Pin Code - 811202
133. Dhanjay Kumar Son Of Sri Jagdish Prasad Resident Of Village -
Kankaithi, Po. - Simaria, District - Bhagalpur, Pin Code - 813129
134. Bipin Kumar Singh Son Of Sri Anandi Prasad Singh Resident Of
Village - Dashrathpur, Po. - Pawapuri, District - Nalanda, Pin Code -
803115
135. Bipin Kumar Son Of Maleshwari Pandit Resident Of Village And Po
- Kakan, District - Jamui, Pin Code - 811307
136. Manoj Kumar Son Of Sri Narayan Mandal Resident Of Village And
P.O - Bariyarpur ( Basti ), District - Mungyer, Pin Code - 811211
137. Vinay Kumar Son Of Sri Anand Prasad Singh Resident Of Village -
Dashrathpur, Po. - Pawapuri, District - Nalanda, Pin Code - 803115
138. Satyendra Prasad Son Of Sri Baleshwar Prasad Resident Of Sector -
12/C, Quarter No. 3034, Bokaro Steel City, State Of Jharkhand, Pin Code -
827012
139. Abhay Kumar Son Of Late Uttam Prasad Sah Resident Of Village
And Po - Telia, Via - Barahat, District - Banka, Pin Code - 813103
140. Chaturbhuj Ravidas Son Of Late Nandlal Ravidas Resident Of
Village - Srinagar, Po. - Jaitpur, Via - Bhothur, District - Nalanda, Pin Code
- 801307
141. Satyendra Nath Jyoti Son Of Sri Surendra Das Resident Of Village -
Lakhanpur Lal, Po - Khoksa ( Desari ), District - Vaishali, Pin Code -
844504
142. Rina Roy Daughter Of Sri Satyendra Prasad Resident Of Sader Bazar
Phari, ( Near R.B. High School ), Jamalpur, District - Mungyer, Pin Code -
811214
143. Mala Kumari Daughter Of Ram Chandra Prasad Yadav Resident Of
At And Po - Basudeopur, Ps. - Kotwali, District - Mungyer, Pin Code -
811202
144. Ambedkar Prasad Son Of Sri Harchu Das Resident Of At - Bari
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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Bisahar, Po. And Ps. - Barahat, District - Banka, Pin Code - 813103
145. Mukesh Paswan Son Of Sri Satyadeo Paswan Resident Of Village -
Bhewor, Po. - Sikaria, District - Jehanabad
146. Pratibha Kumari Wife Of Sumit Kumar Resident Of At - Toralpur,
Po. - Mustapapur Toralpur, District - Lakhisarai, Pin Code - 811106
147. Manoj Kumar Das Son Of Late Puran Harijan Resident Of At -
Pipradih, Po. - Morama, District - Banka, Pin Code - 813107
148. Sikandar Kumar Son Of Late Sitaram Yadav Resident Of At - Sahura,
Via - Garh Barauri, Po - Laokana, District - Supaul, Pin Code - 852110
149. Avinash Kumar Son Of Sri Birju Thakur Resident Of Village And
P.O. Singrahia, P.S. - Sahiara, District - Sitamarhi, Pin Code - 843317
150. Zahid Hussain Son Of Adalat Hussain Resident Of At - Zila School,
Mohalla - Agarwa, Po. And P.Ss. - Motihari, District - East Champaran, Pin
Code - 845401
151. Suraj Kumar Son Of Sri Sitaram Paswan Resident Of Village -
Chaksaid, Po. And Ps. - Rajapkur, District - Vaishali, Pin Code - 844124
152. Nishant Kumar Son Of Late Rambriksha Das Resident Of A/393,
A.G. Colony, Sekhpura, Patna, Po. - Ashiana Nagar, District - Patna Pin
Code - 800025
153. Shivraj Baitha Son Of Sri Chitanu Baitha Resident Of Village And Po
- Atahi, Via - Belsand, District - Sitamarhi, Pin Code - 843316
154. Sanjay Kumar @ Sanjay Kumar Paswan Son Of Sri Ram Awatar
Paswan Resident Of Taiyyab Tola, Katihar, District - Katihar
155. Sima Kumari Wife Of Ram Prasad Singh Resident Of At - Power
House, Ward No. 9, Forbesganj, District - Araria
156. Jagannath Kaushal Son Of Sri Hari Lal Paswan Resident Of Village -
Daffarpur, Po. - Daffarpur, P.S. Kanothi, Via - Manjhaul, District -
Begusarai - Pin Code - 851170
157. Niraj Kumar Son Of Sri Mangal Sah Resident Of Village - Rai
Brawa, Po.- Dharmpur, P.S. Satahi, District - West Champaran, Pin Code -
845449
158. Parmeshwar Yadav Son Of Sri Gumasti Yadav Resident Of At And
Po - Matras, P.S. Madhepur, Via - Goghardiha, District - Madhubani, Pin
Code - 847402
159. Vikash Kumar Son Of Late Ram Janam Ram Resident Of Village -
Nethupur Road, Po. - Kurthol, P.S. Parsa Bazar, District - Patna Pin Code -
804453
160. Rajesh Kumar Son Of Ram Shreth Thakur Resident Of Village -
Jagdish Kamtaul, Po - Anant Kamtaul, P.S. - Kurhani, District -
Muzaffarpur, Pin Code - 844120
161. Upendra Kumar Son Of Sri Rammashish Prasad Resident Of
Aamgola, West Of Orient Club, Guha Lane, Po. - Ramna, P.S. - Kazi
Mahammadpur, District - Muzaffarpur, Pin Code - 842002
162. Ajit Gan Son Of Late Braj Mohan Sharma Resident Of Village And Po
- Prahladpur, Via - Silaut, P.S. - Musahari, District - Muzaffapur, Pin Code
- 843119
163. Sanjeev Kumar Son Of Ram Prasad Ram Resident Of Amghatta
Road, Ward No.5, Po. And P.S. - Dumra, District - Sitamarhi, Pin Code -
843301
164. Santosh Kumar Son Of Laxmi Narayan Resident Of Khadi Bhandar
Chowk, Shastri Nagar, Near Chitragupta Mandir Road, Bharti Niketan
School, P.S. - Mithanpura, Po. - Ramna, District - Muzaffarpur, Pin Code -
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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842002
165. Anish Ranjan Son Of Sri Krishna Kumar Singh Resident Of At And
P.O. - Parsauni Wazid, Via - Bakerpur Jagat, P.S. Kalyanpur, District - East
Champaran, Pin Code - 845413
166. Rajesh Kumar Prasad Son Of Ramjit Sah Resident Of Village - Murar
Patti, Po. - Keelpur, Via - Sahpur, P.S. Nautan, District - Siwan, Pin Code -
841243
167. Kamlesh Kumar Son Of Sri Babban Lal Resident Of At And Po.-
Simri Dudhi Patti, P.S. Simri, District - Buxar, Pin Code - 802135
168. Javed Alam Son Of Amjad Ali Resident Of Village And Po -
Jawkatia, P.S. Majhaulia, District - West Champaran, Pin Code - 845454
169. Md. Ali Ejaz Ahmad Son Of Md. Kalimuddin Resident Of Village -
Maqsudpur, Po. - Asthawan, Via - Barbigha, District - Nalanda, Pin Code -
811101
170. Binod Kumar Sinha Son Of Late Ramudeshwar Singh Resident Of
Village And P.O. Chandos, P.S. Paliganj, District - Patna, Pin Code -
801110
171. Arjun Kumar Son Of Late Rameshwar Singh Resident Of Village -
Gulab Singh Ke English , Po. - Fakarpur, P.S. Karpi, District - Arwal, Pin
Code - 804401
172. Pankaj Kumar Son Of Sri Shyam Sunder Prasad Resident Of Village
- Majhar, Po.- Paraiya, District - Gaya, Pin Code- 824209
173. Sanjay Kumar Son Of Late Vijay Shankar Prasad Resident Of Babu
Bazar, Near Mohan Cinema, Po. - Ara, District - Bhojpur, Pin Code -
802301
174. Subodh Kant Son Of Sri Maheswari Prasad Resident Of Rajkali
Niwas, At - Vidyapuri, P.S. - Hila, District - Nalanda, Pin Code - 801302
175. Subodh Kumar Nirala Son Of Sri Bulkan Jamadar Resident Of Village
- Lohani Bigha, Po. - Gonawa, P.S. - Nawada, District - Nawada, Pin Code
- 805110
176. Nagmani Son Of Sri Girwal Singh Resident Of Village - Rampur
Saroter, Po. - R. Korigaon, Ps. - Goraul, District - Vaishali, Pin Code -
844114
177. Laxmi Narayan Son Of Lal Bahadur Ram Resident Of Village And
P.O. Mahmadpur, Via - Garkha, P.S. Garkha, District - Saran ( Chapra )
178. Sujeet Kumar Son Of Sri Madho Thakur Resident Of Shanriniketan,
Rms Colony, Urdu Bazar, Po. - Bhagalpur City, District - Bhagalpur, Pin
Code - 812002
179. Om Prakash Sharma Son Of Late Bhagwati Sharma Resident Of
Village - Bhitwaria, Po. - Kahrahat, District - Saran, Pin Code - 841222
180. Dharmendra Prasad Gupta Son Of Sri Ram Adhin Sah Resident Of
Village - Jagatpura, P.O. Bare, P.S. - Bhabhua, District - Kaimur
181. Ram Kumar Chaudhary Son Of Sri Bhola Choudhary Resident Of
Village - Ramji Chak, Po. - Bataganj, District - Patna, Pin Code - 800018
182. Surendra Kumar Singh Son Of Sri Ram Dharam Natth Singh
Resident Of Village - Dayalnagar, Near Ram Nagar, Railway Dhala Sarha,
District - Chappra, Pin Code - 841302
183. Kailash Prasad Son Of Sri Ram Awadh Prasad Resident Of Village
And P.O. - Semrawn, District - Gopalganj. Pin Code - 841436
184. Rajesh Ranjan Son Of Sri Gupteshwar Ram Resident Of Village -
Ballgaon, Po. - Rajandsh, District - Rohtas, Pin Code - 802219
185. Anuj Kumar Son Of Sri Daro Paswan Resident Of Village - Bandaily
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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Khurd, Po. And Ps. - Kowakole, District - Nawada, Pin Code - 805106
186. Binod Kumar Gupta Son Of Sri Sukhdeo Prasad Gupta Resident Of
Mohalla - Marnpur, District - Gaya, Pin Code - 823001
187. Santosh Kumar Sharma Son Of Sri Saryu Sharma Resident Of Village
And P.O. - Beria, P.S. Mali, District - Aurangabad
188. Sudhir Kumar Son Of Gandhari Pandit Resident Of Village - Mai, Po
- Farida, P.S. - Rahvi, District - Nalanda
189. Ajay Kumar Son Of Sri Sahjanand Gahlout Resident Of Village -
Chanhuta, Po. - Khuthan, P.S. Haspura, District - Aurangabad, Pin Code -
824120
190. Afroz Alam Son Of Tanzim Ahmad Resident Of Millat Colony ( Bali
), Phulwarisharif, District - Patna, Pin Code - 801505
191. Vikash Kumar Son Of Sri Shyamnarayan Prasad Resident Of Village
And Po. - Barni, District - Patna, Pin Code - 804452
192. Shailendra Kumar Prasad Son Of Sri Bishwakarnma Sah Resident Of
Village - Sahuli Bajari Tola, Po. - Sahuli, District - Siwan, Pin Code -
841286
193. Shekhar Suman Son Of Sri Mahendra Prasad Resident Of Village -
Diguriya, Po. - Pilaya, District - Gaya, Pin Code - 824217
194. Uttam Kumar Son Of Sri Hari Narayan Singh Resident Of Mitarlock
Colony, Pandey Patti, Buxar, Po. - Gajadhar Ganj, P.S. - Buxar, District -
Buxar, Pin Code - 802103
195. Binod Ram Son Of Sri Kedar Ram Resident Of Village - Kajpa, Po. -
Jakhim, P.S. - Rafiganj, District - Aurangabad, Pin Code - 824122
196. Uday Kumar Bharti Son Of Sri Baras Pandit Resident Of Village -
Uttari Sangat, Po. And P.S. - Phulwarisharif, District - Patna, Pin Code -
801505
197. Anu Kumari Daughter Of Sri Surendra Sharma Resident Of Village -
Goai, Po. - Karanja, P.. - Naubatpur, District - Patna, Pin Code - 801109
198. Kailash Kumar Son Of Sri Yogendra Prasad Sahu Resident Of
Village - Basaha, Po. - Barahara, Via - Andhara, District - Madhubani, Pin
Code - 847401
199. Mukesh Kumar Singh Son Of Late Munilal Singh Resident Of
Village - Bhandaridih, Po. - Arar, Via - Ekchari, District - Bhagalpur, Pin
Code - 813204
200. Manoj Kumar Son Of Late Rajdeo Singh Resident Of Village -
Chhaku Bigha, P.O. - Kanap, P.S. Daudnagar, District - Aurangabad
201. Santosh Kumar Son Of Sri Krishna Mohan Pandit Resident Of Postal
Colony, Barari, Po. - Barari, District - Bhagalpur, Pin Code - 812003
202. Sandeep Kumar Gupta Son Of Kaleshwar Ram Resident Of Village -
Korkatta, Po. - Hariharpur, District - Dhanbad, State Of Jharkhand, Pin
Code - 828401
203. Dharmendra Kumar Son Of Shree Bhim Ram Gond Resident Of
Village - Bhabhua, Ward No. 09, Chhawni Mohalla, Radheykrishna Path,
P.O. And P.S. - Bhabhua, District - Kaimur, Pin Code - 821101
204. Shashi Bhushan Son Of Shri Sukhdeo Choudhary Resident Of
Village - Bhat Bigha, Po. - G.B. Kendua, P.S. Sirdala, District - Nawada,
Pin Code - 805122
205. Krishna Kumar Son Of Shree Lakshuman Singh Resident Of Village
- Premchand Path, Gaurakshani Sasaram, Ward No. 7/5, Po. - And P.S. -
Sasaram, District - Rohtas, Pin Code - 821115
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
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.... .... Petitioner/s
Versus
1. The State Of Bihar, Through The Principal Secretary, Labour Resources
Department, Government Of Bihar, New Secretariat, Patna
2. The Principal Secretary, Labour Resources Department, Government of
Bihar, New Secretariat, Patna
3. The Joint Secretary, Labour Resources Department, Government of
Bihar, New Secretariat, Patna
4. The Deputy Secretary, Labour Resources Department, Government of
Bihar, New Secretariat, Patna
5. The Director, Directorate of Employment and Training (Training Wing),
Labour Resources Department, Government Of Bihar, New Secretariat,
Patna
6. The Deputy Director, Directorate of Employment And Training (Training
Wing), Labour Resources Department, Government Of Bihar, New
Secretariat, Patna
7. The Assistant Director, Directorate of Employment And Training
(Training Wing), Labour Resources Department, Government Of Bihar,
New Secretariat, Patna
8. The Secretary, Bihar Staff Selection Commission, Po. - Veterinary
College, Patna - 800014
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kanth, Sr. Advocate
Mr Akashdeep
Mr Shyameshwar Kr. Singh
For the State : Mr. K.B.Singh, SC 22
For the Commission : Mr Vipin Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
CAV ORDER
24 18-06-2014There are 205 petitioners, who have filed the writ application for regularization of their services against sanctioned vacant posts of Trade Instructors in their respective trades and different Industrial Training Institutes or ITIs, situated across the State. They also want a refrain order against the Staff Selection Commission from making fresh appointments to fill up the posts on a regular basis. There are more than 600 vacant posts of Trade Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 12/ 22 Instructors. There is no reason why these petitioners cannot be considered and regularized looking at their past service and experience even though the engagement was a contractual one initially.
2. Petitioners no doubt are working as Trade Instructors in different trades in ITIs for the last three years. Despite availability of vacancies, the State Government has taken recourse to contractual engagements instead of making regular appointments but since these petitioners had never had any bargaining position in matter of engagement or appointment under the State, they did opt for contractual appointments and have been appointed by following the same kind of procedure, which is sought to be adopted by the respondent authorities for filling up the posts a second time over. The advertisement contained in Annexure- 2 would show that all the trappings of regular appointment was adopted. The only difference was that the engagement was made on contractual basis, which is violative of Articles 14 and 16 of the Constitution of India. Petitioners came to be appointed in terms of Annexure- 5 dated 22.4.2010. All this process was gone through and then the appointment letter Annexure- 5 was issued. Later on, the State Government has now decided to fill up the posts on regular basis but have decided to Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 13/ 22 ignore the claim of the present petitioners or their status and have in fact created prejudice against them especially such persons, who have become overage while working under the respondent State on contractual basis.
3. Learned senior counsel for the petitioners submits that a bare perusal of Annexure- 5, which is order no.1836 dated 22.4.2010 and Annexure- B, which is order no.1835 also dated 22.4.2010 would show that all the terms and conditions are identical. In one case the process for appointment on contractual basis was taken i.e. Annexure- 5 where as for regular appointment Annexure- B is the decision. Both these orders and notifications have been issued one after the other and on the same date. A few facts also points out towards the manner in which the State functionaries have been taking decision in such vital matters. The so-called process for regular appointment was initiated on 4.8.2007 but still an advertisement was issued on 12.8.2009 for filling up the posts on contractual basis till regular appointments were to be made. No appointment on regular basis was made till 2009, therefore, on 12.8.2009, the modality of contractual engagement was adopted. The process even for regular appointments was initiated side by side and recommendation for regular appointment was received on 26.2.2010, which is Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 14/ 22 Annexure- C. If that was the position then there was no occasion for respondent authorities to go ahead and make selection and appointment on contractual basis because these appointments or selection was to subsist till permanent appointments was made. However, the State went ahead and made appointments on contract basis, extended their engagement from time to time and are now denying them opportunity in the name of regular appointments and selection. A few of these petitioners are left in the lurch because they are overage and they cannot even seek employment otherwise anywhere else. Similarly, the appointment and the engagement of the petitioners vis- a- vis so-called permanent appointees are identical in nature including the pay scale. They had similar kind of duties and functions and still a welfare State adopts a discriminatory position by first exploiting the petitioners and then dumping them in favour of so-called duly selected persons for permanent engagements.
4. While the dispute was going on in this regard the Department of Labour Resources, Government of Bihar issued Notification No.2263 dated 19.7.2013. By virtue of this notification in exercise of power contained in Article 309 of the Constitution of India a set of rules known as Bihar Industrial Training Instructor Cadre Rules, 2013 was notified. It came into Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 15/ 22 play immediately. This notification was supposed to take care of such persons, who were duly appointed in the it is, functional in the State of Bihar.
5. Learned senior counsel submits that the stand of the State that the whole thing is to be now regulated by the same said rules and these petitioners have no independent status is being seriously disputed on a plain reading of Rule 3 sub-rule (2). Rule 3 talks in terms of cadre and categories of Bihar Industrial Training Instructor and sub-rule (2) states as under :
"(2) The persons appointed and working in different category of cadre, shall be deemed to be automatically included in this cadre."
6. According to learned senior counsel, the petitioners belong to such category of 'persons appointed and working'. The said sub-rule does not talk in terms of appointment on a substantive basis or contractual engagement. Engagement even on contract basis does create a right as would be evident from the set of principles enunciated by the Hon'ble Apex Court in the case of Union Public Service Commission Vs. Dr. Jamuna Kurup & others, reported in (2008) 11 SCC 10. Paragraph 14 of the said decision reads as under :
Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
16/ 22 "14. The term "employee" is not defined in the Delhi Municipal Corporation Act, 1957, nor is it defined in the advertisement of UPSC.
The ordinary meaning of "employee" is any person employed on salary or wage by an employer. When there is a contract of employment, the person employed is the employee and the person employing is the employer. In the absence of any restrictive definition, the word "employee" would include permanent or temporary, regular or short term, contractual or ad hoc. Therefore, all persons employed by MCD, whether permanent or contractual will be "employees of MCD"."
7. Another decision which learned senior counsel places for consideration is the case of Rajasthan State Industrial Development and Investment Corporation and another V. Diamond & Gem Development Corporation Limited and another, reported in (2013) 5 SCC 470. What is of relevance according to learned senior counsel is paragraphs 26 and 28 of the said decision, which are reproduced herein below:
"26. The expression "as if" is used to make one applicable in respect of the other. The words "as if" create a legal fiction. By it, when a person is "deemed to be" something, the only meaning possible is that, while in Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 17/ 22 reality he is not that something, but for the purposes of the Act of legislature he is required to be treated that something, and not otherwise. It is a well- settled rule of interpretation that, in construing the scope of a legal fiction, it would be proper and even necessary to assume all those facts on the basis of which alone such fiction can operate. The words "as if‟ in fact show the distinction between two things and, such words must be used only for a limited purpose. They further show that a legal fiction must be limited to the purpose for which it was created."
28. In industrial Supplies (P) Ltd. V. Union of India this Court observed as follows :
"25. It is now axiomatic that when a legal fiction is incorporated in a statute, the court has to ascertain for what purpose the fiction is created. After ascertaining the purpose, full effect must be given to the statutory fiction and it should be carried to its logical conclusion. The court has to assume all the facts and consequences which are incidental or inevitable corollaries to giving effect to the fiction. The legal effect of the words „as if he were‟ in the definition of Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 18/ 22 „owner‟ in Section 3(n) of the Nationalization Act read with Section 2(1) of the Mines Act is that although the petitioners were not the owners, they being the contractors for the working of the mine in question, were to be treated as such though, in fact, they were not so."
8. The reason for relying on the above proposition is that as an alternative argument, the 2013 Rules also envisages the likes of the petitioners to be also part and parcel of a category of persons, who were appointed and working in different category of cadre on the date of the notification, which is 19.7.2013.
9. The writ application was previously heard by different benches and some orders have come to be passed from time to time. Since petitioners had taken a plea that the respondent State authorities are using different yardstick for similarly situated persons of other departments, there is no reason why these petitioners also cannot be given an opportunity for sitting in a limited examination as was done in the case of Health Department. If necessary they can be given age relaxation in matters of regular appointment taking into consideration the fact that after all they were rendering service may be on a contract Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 19/ 22 basis but still under the State. The above position is evident by reading of order dated 25.6.2013. Matter was further considered on 25.7.2013 where the court was not satisfied with the respond of the State with regard to three queries which were put up earlier. It is also of significance that indulgence was given to persons, who were willing to apply and participate in the exercise for regular appointments even to such persons, who have crossed the age barrier. Exercise thereafter has been done though it is the plea of the counsel that the respondent Bihar Staff Selection Commission has refused to entertain applications to participate in case of some.
10. The response of the State is that clause 5 of the appointment letter is unambiguous. Petitioners would be bound by the terms of the appointment and they have no special right to be appointed on a substantive basis or regularization more so when the advertisement for 600 posts was an independent step taken by the respondents for which exercise has already been carried.
11. Having taken into consideration the rival stand as well as factual and legal position, the Court cannot ignore the basic fact that these petitioners were appointed on contractual basis with a limited object and purpose. It was a stop gap arrangement made by the State in absence of filling up the vacant Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 20/ 22 posts on permanent basis. That step was taken by issuance of advertisement no.2 of 2013.
12. The above mentioned advertisement was a subject matter of challenge in CWJC No.7890 of 2013 and analogous case and considering the various aspects placed before the Court in the said writ applications, the Court quashed the said advertisement vide order passed on 17.6.2014 and directed initiation of a fresh exercise of filling up the vacant posts in the ITIs in terms of the qualification laid down by NCVT as well as the Cadre Rules 2013 which was notified in the gazette by the State on 25th of July, 2013.
13. If this is what has emerged in a related writ application then there cannot be any occasion for this Court to give any relief to these petitioners by giving a direction upon the respondent State to continue with their engagement or confer permanency upon them.
14. However, the Court will not have any objection, if the State as a matter of policy decides to give some indulgence and relaxation in matter of age to all such candidates, who may have become overage during the protracted delay in filling up posts over a period of time as well as allowing these candidates as Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014 21/ 22 well to participate in the fresh exercise for recruitment in terms of the terms and conditions, which will form part and parcel of the advertisement and the direction issued by the Court in CWJC No.7890 of 2013.
15. The basic prayer, therefore, of regularization and continuance of these petitioners on the respective posts of Trade Instructors on the basis of initial contractual engagement cannot be ordered in the factual and legal background.
16. This writ application, therefore, cannot be allowed in isolation as no clear and categorical right in favour of these petitioners emerge looking at the background under which they came to be engaged. The appointment of these petitioners was contract for service and not of service and the State cannot be restrained from bringing the contract to an end by terminating the contract if they decide not to extend the period of their engagement.
17. However, since a fresh exercise would be required to be carried out by the respondents to fill up the posts, it is left open to the State to consider the efficacy of continuance of these petitioners on the posts since the interest of the students already pursuing their studies cannot be allowed to suffer. Patna High Court CWJC No.7767 of 2013 (24) dt.18-06-2014
22/ 22 The writ application, however, is dismissed as being devoid of merit.
(Ajay Kumar Tripathi, J) sk