Patna High Court
Vijay Kumar Mandal & Ors vs The State Of Bihar & Ors on 10 November, 2014
Author: R.M. Doshit
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.88 of 2014
IN
Civil Writ Jurisdiction Case No. 18574 of 2012
===========================================================
1. Suresh Yadav, Son of Sita Ram Choudhary, resident of Village - Shiv Asthan,
P.S. - Thawe, District - Gopalganj
2. Suresh Kumar S/O Late Parmeshwar Ray, resident of Village - Sarariya West
Tola, P.S. - Lalganj, District - Vaishali
.... .... Petitioners/ Appellants
Versus
1. The State of Bihar Through Chief Secretary, Bihar, Patna
2. The Principal Secretary, Personal and Administrative Reforms Department, Govt.
of Bihar, Patna
3. Principal Secretary, Water Resources Department Govt. of Bihar, Patna
4. Bihar Staff Selection Commission through Secretary
5. Secretary, Bihar Staff Selection Commission, Patna
6. The Deputy Secretary, Public Information Officer, Bihar Staff Selection, Patna
7. Dinesh Nath Paswan, son of Sri Dwarika Paswan, resident of Village Nawadoj,
PS Rupow, District Nawada
8. Sunil Kumar, son of Matukdhari Singh, resident of Village Attoua, PS Nawada,
District Nawada
9. Rajesh Kumar Mahesh, son of Sri Jagarnath Rout, resident of P.H. Division near
Court Compound, PS Siwan, District Siwan
10. Sanjay Kumar Singh, son of late Heera Singh, resident of Village Alampur, PS
Shiv Sagar, District Rohtas
11. Jeetendra Prasad Gupta, son of Sri Nathuni Sah, resident of Village Babhani, PS
Kargahar, District Rohtas
12. Jaibind Kumar Ranjan, son of Sri Mahendra Prasad, resident of Village Hurane,
PS Dhanarua, District Patna
13. Faiz Akam, son of Serajuddin, resident of Mohalla Nahe Khan Street Panchayat
Akhara, PS Kotwali (Gaya), District Gaya
14. Raj Kumar Shah, son of Kuleshwar Shah, resident of Village Barbighi, PS Balia,
District Begusarai
15. Sheo Kumar, son of Late Sukhdeo Singh, resident of Village Dakra, PS Ramgarh
Chouk, District Lakhisarai
16. Sidheshwar Prasad, son of Prasadi Mahto, resident of Village Simeria, PS
Bikrampur, District Jamui
17. Ram Chandra Prasad, son of Late Raghunandan Ram, resident of Kudrasi
English, PS Rampur Chouram, District Arwal
18. Kuljeet Singh, son of Balrup Singh, resident of Village Bhagwanganj, PS
Bhagwanganj, District Patna
19. Mukesh Kumar, son of Mundrika Ram, resident of Village Dharampur, PS
Belaganj, District Gaya
20. Parash Nath Ram, son of Sri Ram Dayal Ram, resident of 53 Ashray Kutima
Apartment, Boring Canal Road, PS Budha Colony, District Patna
21. Kamedra Sah, son of Sri Subhag Sah, resident of Village Alampur, PS Shiv
Sagar, District Rohta
.... .... Respondents/ Respondents
with
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
2 /18
===========================================================
Letters Patent Appeal No. 1002 of 2013
IN
Civil Writ Jurisdiction Case No. 14709 of 2012
===========================================================
1. Satish Kumar, son of Shiv Ram Yadav, resident of village Deoghar, Post
Amarpur, PS Medni Chowk, Distt. Lakhisarai, Roll No. 3885
2. Saket Ranjan, son of late Dargehi mahto, resident of Village Deoghar, PS
Medanichowki, Distt. Lakhisarai, Roll No. 2619
3. Rakesh Kumar, son of Yadu Nanda Singh, resident of Village Deghara, Distt.
Lakhisarai, Roll No. 4468
4. Sanjay Keshav, son of Madeo Mehta, resident of Village Khanpur, PS
Suryagarha, Distt. Lakhisarai
5. Rajesh Kumar Yadav, son of Nawal Kishore Yadav, resident of Village Radha
Nagar, PO Dhamdiha, PS Barahat, Distt. Banka
.... .... Petitioners/ Appellant
Versus
1. The State of Bihar through the Principal Secretary, Human Resources New
Secretariat, Patna -1
2. The Secretary, Human Resources News even, Patna -1
3. The Chief Engineer, Human Resources New Secretariat, Patna -1
4. The Chairman, Bihar Staff Selection Commission, Sheikhpura, Baily Road,
Patna -14
5. The Secretary, Bihar Staff Selection Commission, Sheikhpura, Baily Road, Patna
-14
.... .... Respondents/Respondents
with
===========================================================
Letters Patent Appeal No. 1007 of 2013
IN
Civil Writ Jurisdiction Case No. 14132 of 2012
===========================================================
1. Rajeev Ranjan Singh S/O Sri Ram Kailash Singh R/O Mohalla - Setu Nagar,
Anisabad, P.S. Beur, Patna - 2, District - Patna
2. Vijay Kumar S/O Sri Ram Swaroop Singh R/O At + P.O. Jaitpur, P.S. Barahiya,
District - Lakhisarai
3. Abhinandan Kumar S/O Sri Babu Lal Prasad R/O Station Road, Sultanganj,
District - Bhagalpur
4. Neeraj Kumar S/O Late Bilash Prasad Yadav At + P.O. Danda Bajar, P.S.
Goradih, District - Bhagalpur
5. Nikhil Kumar S/O Sri Anil Kumar Singh R/O Village + P.O. Naubatpur, District
- Patna
6. Sanjeev Kumar S/O Sri Rameshwar Prasad R/O Budhwa Mahadeo Sthan, P.S.
Tekari, District - Gaya
7. Shashikant Singh Shashi @ Shashikant Shashi S/O Ramchandra Pd. Singh R/O
Village - Kalyanpur, P.S. Tarapur, District - Munger
8. Sudhir Kumar S/O Yogendra Singh R/O Maghadh Colony, Road No.3, P.S.
Maghadh Medical, Distt. Gaya
9. Sanjiv Sinha S/O Late Parmanand Sinha R/O Road No.1 Adarsh Nagar, P.S.
Phulwari Shariff, Distt. Patna
.... .... Appellants
Versus
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
3 /18
1. The State of Bihar
2. The Chief Secretary, through The State of Bihar, Patna
3. The Chief Secretary, Personal and Administrative Reforms, Department, Govt. of
Bihar, Patna
4. The Principal Secretary, Water Resources Department Govt. of Bihar, Patna
5. Bihar Staff Selection Commission through Secretary
6. The Secretary, Bihar Staff Selection Commission, Patna
7. The Deputy Secretary, Public Information Officer, Bihar Staff Selection
Commission, Patna
8. Kumari Madhu, Wife of Shri Prem Chand Sahni Resident of Mohalla - New Bal
Bahadurpur, P.O. + P.S. Laheria Sarai, District - Darbhanga
.... .... Respondents
with
===========================================================
Letters Patent Appeal No. 1026 of 2013
IN
Civil Writ Jurisdiction Case No. 16616 of 2012
===========================================================
1. Ratan Kumar Son of Sri Ramrup Mandal R/O- Nayanagar, Rani Diyara, Post-
Rani Diyara, Via- Mathurapur, District- Bhagalpur
2. Ajay Kumar S/O Sri Sheoraj Prasad R/O- Adarsh Colony (Lichi Bagan) Shyam
Chak, District- Chapra (Saran)
3. Raghunath Roy S/O Fudena Roy R/O Shahpur, P.S.- Mahua, District- Vaishali
4. Shrinivas Kumar S/O Sri Gena Singh R/O Village- Bania, P.S.- Gopalpur,
District- Bhagalpur
5. Ashok Kumar Singh S/O Sri Garbhu Prasad Singh R/O Village- Bania, P.S.-
Gopalpur, District- Bhagalpur
6. Kaushlendra Kumar S/O Raghu Nandan Prasad R/O- Barbigha, P.S.- Barbigha,
District- Sheikhpura
7. Anil Kumar Nayak S/O Late Birendra Prasad Nayak R/O- Bari Durga Asthan,
P.O.- Rosera, District- Samastipur
8. Sanjay Kumar, Son of Kamal Nayan Mehta, Resident of Huseana Diyara, P.S.-
Balia, District- Begusarai
9. Prakash Kumar S/O Basudeo Ravidash R/O Village- Bari Chhariyari, P.S.-
Tharihri, District- Nalanda
10. Satyendra Narayana Singh, Son of Sri Kameshwar Prasad, Resident of Road No.
1 Shiv Nagar, Khemnichak, P.S.- Patrak Nagar, District- Patna
.... .... Petitioners/Appellants
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna
2. The Principal Secretary, Personal and Administrative Reforms Department, Govt.
of Bihar, Patna
3. Principal Secretary, Water Resources Department, Govt. of Bihar, Patna
4. Bihar Staff Selection Commission through Secretary, Veterinary College, Patna-
14
5. Secretary Bihar Staff Selection Commission, Patna
6. The Deputy Secretary, Public Information Officer, Bihar Staff Selection
Commission, Patna
7. Tarnand Singh, Son of Yogendra Naryan Singh, resident of Village- Dhena, P.S.-
Azamnagar, District- Katihar
8. Shaligram Prasad Mandal, Son of Ram Nath Prasad Mandal P.S.- Pirpainti,
District- Bhagalpur
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
4 /18
9. Arun Prasad Gupta, Son of Late Narayan Saw, Resident of Naqsha Ghar, Near
Ansari Market, Main Road Chas, Bokaro, Jharkhand
10. Manoj Kumar, Son of Upendra Prasad Sah, Resident of Vill.- Ghia, P.S.-
Goradih, District- Bhagalpur
11. Pankaj Kumar, Son of Sakaldeo Singh, Resident of Village- Bishunpur, P.S.-
Parbatta, District- Khagaria
12. Ravi Ranjan Kumar Singh, Son of Upendra Naryan Singh, Resident of Mohalla-
Swami Vivekanand Nagar, P.S.- Muffasil, Begusarai, Dist.- Begusarai
.... .... Respondents/ Respondents
with
===========================================================
Letters Patent Appeal No. 1064 of 2013
IN
Civil Writ Jurisdiction Case No. 17206 of 2012
===========================================================
1. Girindra Kumar, Son of- Kedar Prasad Mehta, Resident of Village- Maheshlour,
P.S.- Piri Bazar, District- Lakhisarai
2. Amar Kumar, Son of- Sri Girish Kumar Singh, Resident of Village- Bana
Chawki, P.S.- Dhashara, District- Munger
3. Ashok Kumar 'Alok', Son of- Chhedi Sahni, Resident of- Bariarpur, P.S.-
Bariarpur, District- Munger
4. Ram Balak Paswan, Son of- Samoli Paswan, Resident of Village- Sahuri, P.S.-
Birpur, District- Begusarai
5. Gyanchand Chaudhary Son of- Sri Jadagi Chaudhary, Resident of- Punpun, P.S.-
Punpun (Pipra), District- Patna
6. Sanjeev Kumar, Son of- Sachidanand Singh, Resident of Village- Hathidah, P.S.-
Hathidah, District- Patna
7. Manish Kumar Sinha, Son of Late Umesh Prasad Sinha, Resident of- Mohalla-
West Patel Nagar, P.S.- Shastri Nagar, District- Patna
8. Sanjay Kumar, Son of Baleshwar Singh, Resident of Mohalla- Kharanchi Road,
Devi Asthan, Neemtar, District- Patna
9. Sanjit Kumar Prabhakar, Son of- Sri Shivnandan Prasad, Resident of- Mohalla-
Nilami Gali, Salempur, P.S.- Barh, District- Patna
10. Satyendra Kumar, Son of- Suren Singh, Resident of Village- Bhchol, P.S.- Pipra
(Punpun), District- Patna
11. Bipin Bihari Kumar Vikal, Son of- Sri Rama Shankar Prasad, Resident of-
Village- Pipra, P.S.- Jamhor, District- Aurangabad
12. Rajesh Ranjan, Son of- Sri Naresh Prasad, Resident of- Mohalla- D And C
Colony, 'B' Type Flat No. 16, B.C.C.L., Jeahgora, Dhanbad, Jharkhand
13. Upendra Kumar, Son of- Sri Harshu Pawan, Resident of- Village- Bharkuniya,
P.S.- Agren (Sasaram), District- Rohtas
14. Bhaskar Prasad, Son of- Mahabir Prasad, Resident of Village- Parwalpur, P.S.-
Vain, District- Nalanda
15. Prabhat Kumar Ranjan, Son of- Sri Ram Lakhan Sahu, Resident of Village-
Hemiapur, P.S.- Dharhara, District- Munger
16. Manohar Kumar Priyadarshi, Son of- Sri Ram Bahadur Sah, Resident of Village-
Bhojua, P.S.- Gogari, District- Khagaria
17. Kanhaiya Prasad Dinkar, Son of- Ram Ekbal Ram P.S.- Vikramganj, District-
Rohtas
.... .... Petitioners/Appellants
Versus
1. The State of Bihar
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
5 /18
2. The Principal Secretary and Commissioner, Water Resource Department, Govt.
Of Bihar, Patna
3. Deputy Secretary, Water Resource Department, Govt. of Bihar, Patna
4. Bihar Staff Selection Commission, Patna
5. The Chairman, Bihar Staff Selection Commission, Patna
6. The Secretary, Bihar Staff Selection Commission, Patna-14
7. Under Secretary, Bihar Staff Selection Commission, Patna- 14
8. Vijay Kumar Singh, Son of- Jagnarajan Singh, Resident of Village- Sone Nagar,
P.S.- Barun, District- Aurangabad
9. Jitendra Kumar Chaudhari, Son of- Shivcharan Chaudhary C/O- Sri S.N,.
Chaudhari, H/No.- 38/9, Hanuman Nagar, New Punaichak, P.S.- Shastri Nagar,
District- Patna
10. Niraj Kumar, Son of- Sri Karu Ram, Resident of Village- Masaurhi, P.S.-
Masaurhi, District- Patna
11. Mirtunjay Kumar, Son of- Ramavtar Paswan, Resident of Village- Kolawan,
P.S.- Kolawan, District- Nalanda
12. Gajendra Kumar Pal, Son of- Karamdeo Bhagat, Resident of Village- Pipra, P.S.-
Jamhor, District- Aurangabad
13. Santosh Kumar Pankaj, Son of- Sri Chamk Lal Yadav, Resident of Village-
Baghpara, P.S.- Jamalpur, District- Munger
14. Surendra Kumar, Son of Maro Rajak R/O- Mohalla- West Patel Nagar, P.S.-
Sashtri Nagar, Dist.- Patna
15. Arun Kumar, Son of- Mahawal Chaudhary, Resident of Village- Belaganj, P.S.-
Belaganj, District- Gaya
16. Anil Paswan, Son of- Lakhu Paswan, Resident of Village- Kalyanpur, Bali, P.S.-
Chandi, District- Nalanda
17. Hira Shankar Kumar, Son of Krishna Deo Paswan, Resident of Mohalla-
Nagarpalika Colony, Quarter No. 4, P.S. Dehri-On-Sone, District- Rohtas
18. Prabhawati Kumari, Wife of Sri Praduman Prasad, Resident of Mohalla- Nehru
Nagar, P.S.- Gulzarbag, District- Patna
19. Ramesh Kumar Gupta, Son of- Gorakha Nath Prasad, C/O- Rajesh Kumar
Gupta, Resident of- Village- Sahpur, P.S.- Sidhwalia, District- Gopalganj
.... .... Respondents/Respondents
with
===========================================================
Letters Patent Appeal No. 1097 of 2013
IN
Civil Writ Jurisdiction Case No. 19674 of 2012
===========================================================
1. Suraj Nandan Kumar Singh S/O Late Harinandan Singh, Resident of Village -
Kanpa, P.S. Ranitalab (Kanpa), District - Patna
2. Anand Kumar S/O Sri Sri Jitendra, Resident of Village - Pakahi, P.S. - Belaganj,
District - Gaya
3. Ranjit Kumar Verma S/O Late Ayodhya Prasad, Resident of Mohalla - Gola
Road, P.S. Silao, District - Nalanda
4. Sarita Kumari, Daughter of Sri Nawal Kishore Prasad, Resident of Mohalla -
Dakhali Ghat Nachali Garhpar, Biharsharif, P.S. Biharsharif, District - Nalanda
.... .... Appellants
Versus
1. The State of Bihar
2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna
3. Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
6 /18
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, Bihar Staff Selection Commission, Patna
6. The Secretary Bihar Staff Selection Commission, Patna
7. The Under Secretary, Bihar Staff Selection Commission, Patna
8. Surender Pd. Singh S/O - Late Ram Balak Singh, Resident of village -
Moapkalan, P.S. - Imadpur, District - Bhojpur
9. Anil Kumar Singh S/O Shri Rasik Bihari Singh, Resident of village- Mauna
Hussey Chapra , P.S. Chapra, District - Saran
.... .... Respondents
with
===========================================================
Letters Patent Appeal No. 1221 of 2013
IN
Civil Writ Jurisdiction Case No. 21948 of 2012
===========================================================
1. Vijay Kumar Mandal, S/o Sri Dharamdeo Mandal, resident of Village + P.O.
Bakharpur, PS Pirpainti, District Bhagalpur, Bihar
2. Rajesh Kumar, S/o Amin Prasad Mandal, at Bhola Tola, PO Krishnadaspur, PS
Kahalgaon, District Bhagalpur, Pin -813222
3. Ravindra Kumar Mandal, S/o Moti Lal Mandal, Village Babupur, PO Bakharpur,
PS Pirpainti, District Bhagalpur, Pin -813209
.... .... Appellants
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna
2. The Principal Secretary, Personnel and Administrative Reforms Department,
Govt. of Bihar, Patna
3. Principal Secretary, Water Resources Department, Govt. of Bihar, Patna
4. Bihar Staff Selection Commission through Secretary, Veterinary College, Patna -
14
5. Secretary, Bihar Staff Selection Commission, Patna
6. The Deputy Secretary, Public Information Officer, Bihar Staff Selection
Commission, Patna
.... .....Respondents
7. Kanchan Kumari, C/o Ramji Prasad Singh, Janki Niwas Mustafabad, A P
Colony, Gaya, Dist. Gaya, PS Cherki, Pin - 823001
8. Niranjan Kumar Singh, C/o Kamleshwar Prasad Singh, At + PO Pansalwa,
Thana -Beldour, Dist. Khagariya
9. Jay Prakash Ram, s/o Sri Balsharan Mochi, Village + P.O. Narama, Via
Hulasganj, PS Hulasganj, Dist. Jehanabad
.... .... Petitioners/Respondents
with
===========================================================
Letters Patent Appeal No. 1358 of 2013
IN
Civil Writ Jurisdiction Case No. 12121 of 2012
===========================================================
1. Sunil Kumar, S/o Sri Siyasharan Rajak, Vill. Salimpur, PS Bakhtiyarpur, Dist.
Patna
2. Vinay Kumar, S/o Sri Deo Narayan Singh, Village Gamharpur, PS Obra, Dist.
Aurangabad
3. Randhir Kumar, S/o Sri Pankaj Kumar, Vill. Gonpura, PO Kalilabad, PS
Kadirganj, Dist. Patna
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
7 /18
4. Vikas Kumar Singh, S/o Ram Nagina Singh, Mohalla- Hare Krishna Colony, PS
& Dist. Sasaram
5. Kumar Dhiraj, S/o Late Rama Shankar Ram, At West Railway Gumti, Jagdeo
Nagar, Dist. Ara
6. Vivek Kumar, s/o Sri Rajesh Kumar, Mohalla- Baldeo Bhawan Road, Mohanpur
Punaichak, PS Shastri Nagar, Dist. Patna
7. Kumar Einstin, S/o Ashok Prasad, at Malvigaha, PO Kaliyachak, PS Hilsa, Dist.
Nalanda
8. Kapil Muni, S/o Sri Chandrika Prasad, Village -Gonpura, PO Netawul, PS
Dhanaura, Dist. Patna
9. Ganesh Kumar, S/o Ramdeo Prasad At & PS Daudnagar, Dist. Aurangabad
10. Shailendra Kumar, S/o Sri Rasjendra Singh, At Kurthoul Pool Per, PO Kurthoul,
PS Parsa Bazar, Dist. Patna
11. Rambriksha Prasad, S/o Babulal Prasad, Vill. & PS Deoriyaper, Dist. Jehanabad
12. Anil Kumar Paswan, S/o Ram Baran Paswan, Vill. Japher Chak, PO Masthu, PS
Belchi, Dist. Patna
13. Sudhir Kumar, S/o Sri Ram Bhaajan Prasad, Mohalla -Chitakohara, Ambedkar
Chowk, PS Gardanibagh, Dist. Patna
.... .... Petitioners/Appellants
Versus
1. The State of Bihar
2. Principal Secretary & Commissioner, Water Resources Department, Govt. of
Bihar, Patna
3. Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna
4. The Bihar Staff Selection Commission, Patna
5. The Chairman, Bihar Staff Selection Commission, Patna
6. Secretary, Bihar Staff Selection Commission, Patna
7. Under Secretary, Bihar Staff Selection Commission, Patna
.... .... Respondents
with
===========================================================
Letters Patent Appeal No. 1402 of 2013
IN
Civil Writ Jurisdiction Case No. 18574 of 2012
===========================================================
1. Rajesh Kumar Mahesh S/O Sri Jaganath Raut R/O P.H. Division, Near Court
Compound, P.S.- Siwan, District- Siwan
2. Sheo Kumar S/O Late Sukhdeo Singh R/O Village- Dakra P.S.- Ramgarh Chouk,
District- Lakhisarai
3. Sidheswar Prasad S/O Late Prasadi Mahto R/O Village- Simeria, Bikrampur, P.S.
+ District- Jamui
4. Parash Nath Ram S/O Sri Ram Dayal Ram R/O 53 Ashray Kutima Apartment
Boring Canal Road, P.S.- Budha Colony, District- Patna
5. Jaibind Kumar Ranjan S/O Sri Mahendra Prasad R/O Village- Hurani, P.S.-
Dhanarua, District- Patna
6. Sunil Kumar S/O Matukdhari Singh R/O Village- Attoua, P.S.- Nawada, District-
Nawada
7. Sanjay Kumar Singh S/O Late Heera Singh R/O Village- Mokaram, P.S.- Kudra,
District- Kaimur (Bhabhua)
8. Raj Kumar Sha S/O Late Kaleshwar Sah R/O Village- Barbighi, P.S.- Balia,
District- Begusarai
9. Kamendra Sah S/O Sri Subhag Sah R/O Village- Alampur, P.S.- Shivsagar,
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
8 /18
District- Rohtash
10. Jitendra Prasad Gupta S/O Sri Nathuni Sah R/O Village Babhani, P.S.- Kargahar,
District- Rohtash
.... .... Appellants
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna
2. The Principal Secretary, Personnel and Administrative Reforms Department,
Govt. of Bihar Patna
3. Principal Secretary, Water Resources Department, Govt.of Bihar, Patna
4. Bihar Staff Selection Commission through Secretary, Veterinary College, Patna-
14
5. Secretary Bihar Staff Selection Commission, Patna
6. The Deputy Secretary, Public Information Officer, Bihar Staff Selection
Commission, Bihar
7. Dinesh Nath Paswan S/O Sri Dwarika Paswan R/O Village- Nawadoj, P.S.
Rupow, District Nawada
8. Faiz Akram S/O Md. Serajuddin R/O Mohalla- Nahe Khan Street Panchayat
Akhara, P.S.- Kotwali (Gaya), District- Gaya
9. Ram Chandra Prasad, Son of Late Raghunandan Ram R/O Kudrasi English, P.S.-
Rampur Chauram, District- Arwal
10. Suresh Kumar S/O Late Parmeshwar Ray R/O Village- Sarariya West Tola, P.S.
Lalganj, District- Vaishali
11. Kuljeet Singh S/O Balrup Singh R/O Village- Bhagwanganj, P.S.- Bhagwanganj,
District- Patna
12. Suresh Yadav S/O Sila Ram Choudhary R/O Village- Sheosthan, P.S.- Thawe,
District- Gopalganj
13. Mukesh Kumar S/O Mundrika Ram R/O Village- Dharampur, P.S.- Belaganj,
District- Gaya
.... .... Respondents
===========================================================
Appearance :
(In LPA No. 88 of 2014)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Harsh Singh, Advocate
Mr. Tej Pratap Singh, Advocate
For the Respondent State : Mr. Prabhat Kumar Singh, Advocate
Mrs. Mohini Kumari, AC to SC 2
For the Staff Selection
Commission: Mr. Lalit Kishore, Sr. Advocate
Mr. S S Sundaram, Advocate
(In LPA No. 1002 of 2013)
For the Appellant/s : Mr. Mr. Jitendra Singh, Sr. Advocate
Mr. Nageshwar Prasad, Advocate
Mr. Harsh Singh, Advocate
For the Respondent State : Mr. Mehboob Ashraf, AC to SC 27
(In LPA No. 1007 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Kundan Kumar Mishra, Advocate
Mr. Ranjan Kumar Singh, Advocate
For the Respondent State : Mr. Prabhat Kumar Singh
(In LPA No. 1026 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
9 /18
Mr. Harsh Singh, Advocate
For the Respondent State : Mr. Amar Nath Dev, SC
Mr.Thakur Jai Singh, AC to SC 26
(In LPA No. 1064 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Harsh Singh, Advocate
Mr. Ashutosh Kumar, Advocate
For the Respondent/s : Mr. Jawahar Pd. Karn, Sr. Advocate
Mr. Siddharth Prasad, Advocate
(In LPA No. 1097 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Harsh Singh, Advocate
Mr. Ashutosh Kumar, Advocate
For the Respondent/s : Mr. Jawahar Prasad Karn, Sr. Advocate
Mr. Satyam Shivam Sundaram, Advocate
(In LPA No. 1221 of 2013)
For the Appellant/s : Mr. Mr. Jitendra Singh, Sr. Advocate
Mr. Kundan Kumar Mishra, Advocate
Mr. Harsh Singh, Advocate
For the Respondent/s : Mr. Ajit Kumar, SC 28
Mr. Lalit Kishore, Sr. Advocate
(In LPA No. 1358 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Harsh Singh, Advocate
Mr. Ranjan Kumar Singh, Advocate
For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate
Mr. Prabhat Kumar Singh, Advocate
Mr. S S Sundaram, Advocate
(LPA No. 1402 of 2013)
For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate
Mr. Harsh Singh, Advocate
Mr. Rajesh Kumar Pandey, Advocate
For the Respondent/s : Mr. Ajay Kumar Srivastava, AC to SC 2
===========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
C A V JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 10-11-2014
This group of Appeals preferred by the writ petitioners under
clause 10 of the Letters Patent arise from a common judgment and
order dated 7th May 2013 passed by the learned Single Judge in
CWJC No. 12121 of 2012 and other writ petitions. The matter at
dispute is the recruitment for 2058 posts of Junior Engineer (Civil)
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
10 /18
in Water Resources Department pursuant to the advertisement dated
29th November 2006 published by the Bihar Staff Selection
Commission (hereinafter referred to as `the Commission').
It appears that the State Government made recruitment for
appointment to the posts of Junior Engineer (Civil)/(Mechanical)
under the advertisement published on 26th May 2006 and 4th August
2006 on the basis of the qualifying marks obtained by the candidates
in aggregate. Pursuant to the requisition made by the State
Government, the Commission published the above referred
advertisement on 29th November 2006, inter alia, for recruitment for
2058 posts of Junior Engineer (Civil). According to the said
advertisement, for appointment to the post of Junior Engineer
(Civil), the candidate must posses a Diploma in Civil Engineering or
Rural Engineering from an institution recognized by the Bihar
Technical Examination Board or the Central Technical Examination
Board. The examination was conducted in two papers of 100 marks
each in General Knowledge and in Civil Engineering. The
petitioners claim that they had successfully cleared the examination
by obtaining the qualifying marks at the said examination and that
they have a right to appointment as Junior Engineer under the
Government of Bihar.
It is indeed true that the Commission did prepare and publish
a merit list of 800 candidates who had secured 40% marks in
aggregate. The said merit list was not approved by the State
Government. The State Government noticed that many of the
candidates in the select list had failed to secure the qualifying marks
in Civil Engineering but had secured qualifying marks in aggregate.
In the opinion of the State Government, the candidates who had
failed to secure qualifying marks in Civil Engineering, were not
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
11 /18
suitable for appointment as Engineers under the State Government.
The State Government, therefore, under letter dated 23rd May 2012
requested the Commission to re-examine the merit list and to prepare
a merit list of the candidates who had secured qualifying marks in
both the papers. Pursuant to the said request, the Commission
prepared a fresh merit list of 392 candidates who had secured
qualifying marks in each paper. In the process, the petitioners who
had earlier been placed on the merit list have lost their ground. The
petitioners have, therefore, approached this Court under Article 226
of the Constitution to question the decision of the State Government
and the latter merit list of 392 successful candidates prepared and
published by the Commission.
The appellants-petitioners have relied on the Government
Resolution dated 22nd December 1990 containing the General
Instructions for the Bihar Public Service Commission and the Bihar
Staff Selection Commission in respect of the qualifying marks to be
obtained by the candidates in various competitive examinations for
recruitment to the posts under the State Government. In the
submission of the petitioners, the said Resolution did not specify that
the qualifying marks indicated in the said Resolution were required
to be obtained in each individual paper. The Bihar Staff Selection
Commission had earlier, pursuant to the advertisement dated 26th
May 2006 and 4th August 2006, made selection on the basis of the
qualifying marks obtained in aggregate. The same criterion was
required to be continued in respect of the subject recruitment. The
Commission had indeed prepared the merit list on the basis of the
qualifying marks obtained by the candidates in aggregate without
reference to the marks obtained in each individual paper. The
petitioners had been declared successful under the original merit list
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
12 /18
prepared and published in January 2012. The petitioners, therefore,
had an enforceable right to appointment on the principle of
legitimate expectation. In the submission of the petitioners, the State
Government had, after commencement of the recruitment process,
altered the principle of selection to the detriment of the writ
petitioners. The action of the State Government was not permissible
as held by plethora of judgments of the Hon'ble Supreme Court. The
petitioners have alleged hostile discrimination vis-à-vis the Junior
Engineers selected pursuant to the advertisement dated 26th May
2006 and 4th August 2006.
The Petitions were contested by the State Government and the
Commission. The Commission has produced the above referred facts
and correspondence before the Court. The State Government has
relied on the above referred Government Resolution dated 22 nd
December 1990. The State Government has also relied upon the
lopsided result published on the basis of the qualifying marks
obtained by the candidates in aggregate. The State Government
pointed out that as many as 335 candidates out of the 800 candidates
recommended by the Commission had failed to secure even 33%
marks in the subject of Civil Engineering. Out of them, many had
secured less than 0 mark (on account of minus marking), some less
than 10% and some less then 20%. Thus, totally unfit persons had
entered into the arena of the selected candidates solely on the basis
of the marks obtained in the paper of General Knowledge.
Learned Single Judge has reproduced the above referred
Resolution dated 22nd December 1990 in extenso. The learned Single
Judge has considered the above contentions raised by the writ
petitioners and has rejected each of the aforesaid contentions.
The learned Single Judge has held, "the Government, being
Patna High Court LPA No.88 of 2014 dt. 10-11-2014
13 /18
the appointing authority, had, therefore, a right to question such
recommendation of the Commission and in fact, if the
Government could have rejected the entire recommendation of
the Commission as a whole and could have asked for a fresh
selection to be undergone even that was very much permissible.
Law in this regard is well settled that the recommendation of the
Commission is not binding on the appointing authority and for a
valid reason, the appointing authority can refuse to accept such
recommendation made by the Commission. Reference in this
connection may be usefully made to the judgment of the Apex
Court in the case of Shankaran Dash vs. Union of India reported
in (1991) 3 SCC 47."
The learned Single Judge has relied upon the judgment in the
matter of Hanuman Prasad & Ors. to hold, "the petitioners at best
were only empanelled candidates and, therefore, if the
recommendation of the Commission was not binding on the
Government, the same also did not create any vested right or
give rise to any legitimate expectation to the petitioners as was
also held in the case of Hanuman Prasad & Ors. Vs. Union of
India & Anr., reported in (1996)10 SCC 742."
The learned Single Judge has also examined the individual
challenge to the marks recorded by the Commission and has
discussed the same in great details. In the present Appeals the said
challenge is not raised before us.
With respect to the Government Resolution dated 22nd
December 1990, the learned Single Judge has held, "the minimum
cut-off, therefore, prescribed in the government resolution dated
22.12.1990in the written examination cannot be read as an aggregate for all the subjects in which case a candidate securing Patna High Court LPA No.88 of 2014 dt. 10-11-2014 14 /18 80 out of 100 in General Knowledge and even 0 in a subject of Engineering could claim selection and appointment on the post of Junior Engineer. When, the Government resolution dated 22.12.1990 fixes the minimum qualifying marks in the written examination to be conducted by the Bihar Public Service Commission and Bihar Staff Selection Commission it essentially envisages that the candidate must secure the minimum cut-off marks in each of the subject of the written examination." The above view of the learned Single Judge is supported by the view expressed by the Hon'ble Supreme Court in the matters of Directorate of Film Festivals & Ors. vs. Gaurav Ashwin Jain & Ors. [(2007) 4 SCC 737]; of Director General of Telecommunication & Anr. Vs. T N Peethambaran [(1986) 4 SCC 348]; and of Sanchit Bansal & Anr. vs. Joint Admission Board & Ors. [(2012) 1 SCC 157].
In respect of the past practice adopted by the Commission, the learned Single Judge has held that in case the Government or the Commission had committed any illegality in past the same cannot be perpetuated. The principle of equality cannot be invoked in such matters. The said view has been supported by the judgment of the Hon'ble Supreme Court in the matter of Gurusharan Singh & Ors. vs. New Delhi Municipal Committee & Ors. [(1996) 2 SCC 459].
In our considered opinion, the learned Single Judge has examined each and every contention raised by the writ petitioners in great details and has dealt with each issue extensively supporting his view by the judgments of the Hon'ble Supreme Court. We are in complete agreement with the learned Single Judge.
Nevertheless, as the Appeals have been heard by us at a great length, we shall record the submissions made before us in a nutshell. Patna High Court LPA No.88 of 2014 dt. 10-11-2014 15 /18 The facts recorded hereinabove are not in dispute. Learned counsel Mr. Jitendra Singh has appeared for the appellants. Mr. Jitendra Singh has reiterated the contentions in respect of the past practice followed by the Commission, particularly in respect to the recruitment of Civil Engineers pursuant to the advertisement dated 26th May 2006 and 4th August 2006. He has invoked the principle of contemporaneous exposition as explained in the Black's Legal Dictionary, (7th Edition, page 334), and has relied upon the judgments of the Hon'ble Supreme Court in the matters of Nair Service Society vs. Dr. T Beermasthan [(2009) 5 SCC 545]; of Shailendra Dania vs. S P Dubey [(2007) 5 SCC 535]; of State of Uttar Pradesh vs. Santosh Kumar Mishra [(2010) 9 SCC 52];, and of Surendra Kumar vs. State of Rajasthan (AIR 1979 SC 1049). Mr. Jitendra Singh has submitted that the learned Single Judge has failed to answer the issues involved in the writ petitions.
He has next contended that once the recruitment process had commenced on 29th November 2006, criteria for selection could not have been altered nor the merit list once prepared could have been replaced by a merit list prepared on altogether a different principle. In support thereof, he has relied upon the judgments in the matters of K Manjusree vs. State of Andhra Pradesh [(2008) 3 SCC 512]; of Hemani Malhotra vs. High Court of Delhi [(2008) 7 SCC 11]; and of P Mahendran vs. State of Karnataka. (AIR 1990 SC 405).
He has next submitted that recruitment to the posts of Junior Engineer (Civil) under the advertisements dated 26th May 2006, 4th August 2006 and 29th November 2006 was part of the same selection process. The posts which could not be filled in pursuant to the 26 th May 2006 advertisement, were advertised on 4th August 2006 and the spill over from 4th August 2006 recruitment process was Patna High Court LPA No.88 of 2014 dt. 10-11-2014 16 /18 advertised on 29th November 2006. The Commission or for that matter the State Government, therefore, could not have made departure from the consistent practice of preparing the merit list on the basis of the qualifying marks obtained in aggregate. The appellants have thus been meted hostile discrimination. In support thereof, he has relied upon the judgment in the matter of Anuj Choudhary vs. State of Uttar Pradesh [(2013) 6 SCC 384].
Learned advocate Mr. Kundan Kumar Mishra has appeared for the appellants in Letters Patent Appeal No.1221 of 2013. He has assailed the judgment of the learned Single Judge. He has submitted that in no circumstance the impugned judgment of the learned Single Judge can be sustained. He has submitted that the constitutional principle of predictability of legal position requires that a rule/instruction as in this case if operated or implemented in a particular manner, such rule or instruction should be continued to be operated or implemented in that manner alone. He has submitted that in the instant case, the State Government has failed to act in accordance with the aforesaid principle in application of the 1990 Resolution. He has further submitted that the appellants have also been discriminated vis-à-vis the Junior Engineers (Mechanical) recruited pursuant to the said advertisement dated 29th November 2006. He has submitted that the State Government is not consistent in application of the 1990 Instructions not only over the period but also in the matter of recruitment of Junior Engineers (Civil) and Junior Engineers (Mechanical) pursuant to the same common advertisement. He has submitted that recruitment in public employment requires selection of the best amongst available candidates. That is how the Commission had prepared the merit list published in January 2012. The State Government has fallen in grave Patna High Court LPA No.88 of 2014 dt. 10-11-2014 17 /18 error in making overnight change in the criteria for selection and that too after the selection process was completed and the merit list was prepared and published. In support of his submission, Mr. Kundan Kumar Mishra has relied upon the judgment of the Hon'ble Supreme Court in the matters of Shailendra Dania vs. S P Dubey [(2007) 5 SCC 535]; of P H Paul Manoj Mandian vs. P Veldurai [(2011) 5 SCC 214]; of Natural Resources Allocation, In Re Special Reference No.1 [(2012) 10 SCC 1]; of Rohitash Kumar vs. Om Prakash Sharma [(2013) 11 SCC 451]; of C Channabasaviah vs. State of Mysore & Ors. (AIR 1965 SC 1293); of D G Telecommunication vs. T N Peethambaram [(1986) 4 SCC 348] and; of Bishnu Biswas vs. Union of India [2014 (2) PLJR 394 (SC)].
In the matter of Director General of Telecommunication & Another (supra), the Hon'ble Supreme Court has held that minimum pass mark in the examination prescribed under the rule, in absence of the word 'aggregate' in the rule, the prescribed minimum passing marks must mean minimum in each subject as well as minimum in aggregate. It is not in dispute that the competitive examinations conducted by the Commission are governed by the Government Resolution dated 22nd December 1990. The said Resolution has specified the minimum qualifying marks that should be obtained by the candidates in each category, i.e. general merit candidates and the reserved category candidates. It is the general rule applied to all examinations conducted by the Commission for recruitment to the posts under the State Government. Although it is a mere instruction, in absence of any statutory enactment or rule governing the filed, the aforesaid instruction issued under Article 162 of the Constitution, will partake the nature of statutory rules. It is also true that the said Patna High Court LPA No.88 of 2014 dt. 10-11-2014 18 /18 Resolution does not specify that the aforesaid qualifying marks prescribed therein shall be obtained in aggregate or in each individual paper/subject. In absence of such specification, as held by the Hon'ble Supreme Court, and also as a matter of public policy, must mean the qualifying marks in each subject/paper.
I am also of the opinion that any person appointed on a public post is required to be proficient. A person appointed as Engineer has to be, apart from other qualifications, proficient in engineering. I, as a citizen, will expect an engineer to have sound knowledge of engineering rather than general knowledge. I, as a High Court, will not exercise discretionary power of judicial review under Article 226 of the Constitution in favour of a person who does not know his subject. It would amount to leaving public projects in unsafe hands and the life of the people at peril.
As we are in complete agreement with the learned Single Judge, as the learned Single Judge has considered each issue in extenso, we do not delve into the matter further. The Appeals are devoid of any merit. Appeals are dismissed.
The parties will bear their own costs.
(R.M. Doshit, CJ) Ashwani Kumar Singh, J. I agree.
(Ashwani Kumar Singh, J) mrl U AFR