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3. Apart from nearly one lac posts of teachers in primary schools, secondary schools and higher secondary schools run by Municipal Corporation, Municipal Councils, District Boards and Panchayats as many as 2596 vacancies of Librarians were advertised by the Government of Bihar in terms of a Notification dated 29th August, 2008. The time schedule stipulated in the notification required the selection process to be completed by 24th December, 2008. The selection process was to be undertaken by Selection Committees at the district levels, although the composition of such Committees and the norms and procedures governing the selection process were not very clearly spelt out in the notification.

“(1) What is the total number of appointments made in each District/unit so far, whether by the State or by the concerned authorities, against the posts of librarian.

(2) How many of such appointments had been made up to 24th December, 2008, the last date fixed for completing the process of selections, in terms of the advertisement notice.

(3) Under whose Orders was the date for completion of the selection process extended beyond 24th December, 2008 and in exercise of what authority. Copies of the order under which the date for completion of the selection process was extended shall be filed along with affidavit.

14. We may now examine whether the selection process had indeed been concluded before the recognition was granted by the Distance Education Council in the instant case. The version of the petitioners consistently has been that the selection process was not concluded as on the date the recognition order was passed by the Distance Education Council and even three years thereafter till the year 2012. Whether or not that was so, is what we intended to discover from the answers provided by respondents to the queries extracted in the earlier part of this order. In answer to query no.2 the respondents have on the affidavit of Secretary to Government, Education Department, Government of Bihar, stated that no appointments could be made till 24th December, 2008 the last date fixed for completing the process of selection in terms of the advertisement notice. In answer to query no.3 the respondents have stated that appointment orders issued against the vacancies of Teachers and Librarians were not issued on account of certain allegations that forged and fabricated documents were being used to secure such appointments and also on account of instructions issued by the Government to the effect that degrees obtained by some of the candidates from universities like Hindi Vidyapeeth Deogarh were being used for claiming appointments. The affidavit goes on to state that in terms of instructions issued by the Government on 17th February, 2010 a fresh schedule for issuing appointment letters was published stipulating different dates for completion of the process by the Nagar Nigams, Nagar Prashids, Nagar Panchayats and Zila Parishads between 25th February, 2010 to 8th March, 2010. Since the process could not be completed yet another schedule was published for all the four local bodies mentioned above asking them to conclude the selection process on different dates between 10th May, 2010 to 20th May, 2010. Yet another schedule was notified for completion of the selection process by the State Government’s letter dated 11th June, 2010 asking the local bodies concerned to complete the selection process on different dates between 5th July, 2010 to 15th July, 2010. That was not however, the end of the matter as the selection and appointment process could not be completed by the local bodies which led to the publication of yet another schedule stipulating dates for completion of the selection process between 10th August, 2010 to 13th August, 2010. As if that was also not enough, the entire selection process was in terms of a fresh schedule to be completed on different dates between 8th July, 2011 to 12th July, 2011 followed by yet another schedule stipulated by the Government in terms of its letter dated 18th October, 2011 that required the local bodies to complete the process of selection of appointments on different dates between 14th December, 2011 to 17th December, 2011. The process of re- scheduling the selection and appointments did not end there for by another letter dated 4th January, 2012 the Government re-scheduled the selection and appointment process to be completed between 23rd January, 2012 and 2nd February, 2012. The affidavit states that no satisfactory progress in the selection of the Librarians was made in certain districts despite re- scheduling orders passed by the Government with the result a final schedule for completion of the selection process was published asking the local bodies to complete the selection and appointment process on different dates between 15th June, 2012 to 25th June, 2012. In answer to query no.4 the Government have stated that the last counselling/verification of the documents of the selected candidates was undertaken pursuant to the above final schedule.

15. We are anguished by the very thought of the selection procedure dragging on for as long as four years between 2008 and 2012. Such inordinate delay and indolence is totally undesirable not only because it violates the fundamental rights of candidates who have qualified for appointment during the intervening period but also because it depicts a complete failure on the part of all concerned in regulating the selection and appointment process with a view to ensuring that the same is fair, objective and transparent. We cannot help saying that several questions have bothered us in regard to the selection process itself which leaves much to be desired but since there is no challenge to the selection or the appointments made pursuant thereto, we refrain from making any observation in regard to those aspects. All that we need say is that the selection and appointment of such a large number of employees under the local bodies ought to have been conducted in a more orderly fashion and more importantly the same should have been completed within the time frame stipulated for the purpose or such reasonable extension thereof as may have become absolutely inevitable. A selection process that lingers on for years can hardly measure up to the demands of objectivity, fairness and transparency especially when the method by which inter se merit of candidates was determined is neither stipulated in the Rules nor any guidelines issued for the Selection Committee to follow have been placed before us. Be that as it may, the question is whether the selection process stood completed before the Distance Education Council recognised Algappa University from where the petitioners have obtained their degrees. Our answer is clearly in the negative. On their own showing, the respondents had not concluded the selection process till as late as middle of 2012 i.e. more than two years after the recognition order was passed by the Distance Education Council in favour of Algappa University. Petitioners had, in the meantime, been allowed to participate in the interviews under the orders of this Court passed on 10th May, 2010. By our order dated 14th March, 2011 we had directed the respondents not to fill up 54 posts of Librarians relevant to petitioners in SLP Nos.10964 and 12527 of 2010 and SLP (C) No.17421 of 2010 and two posts to be kept vacant relevant to SLP (C) Nos. 23850 and 23852 of 2010. It is not in dispute that the petitioners have participated in the interview under the above orders and that requisite number of vacancies have also been reserved for their appointment in the event of their succeeding in the present case. It is also not in dispute that the result of the petitioners has been kept in sealed cover awaiting the ultimate outcome of the present appeals. In the circumstances, therefore, and keeping in view the fact that the validity of the post facto recognition granted by the Distance Education Council to Algappa University has not been assailed before us nor was the same under challenge before the High Court, we see no reason why the petitioners in these petitions should not be allowed the benefit of such recognition which implies that they shall be treated as eligible for consideration and appointment against the available vacancies depending upon their inter se merit vis-a-vis other candidates competing for the same.