STATE OF BIHAR Vs. MITHILESH KUMAR

JUDGEMENT

(1.) In 1998, the Department of Welfare, Government of Bihar, decided to introduce two new trades (Electronic and Electrical Appliances Repairing) for vocational training in the Kamla Nehru Social Service Institute and Handicapped and Rehabilitation Training Centre, Patna, for training of persons with disabilities. The said proposal was approved by the Empowered Committee constituted under the Bihar Public Service Commission under the Chairmanship of the Development Commissioner and funds were also sanctioned for such training. In the light of the above decision on 12th March, 1999, a requisition was sent by the Welfare Department, Government of Bihar, to the Bihar Public Service Commission, hereinafter referred to as "the B.P.S.C.", for appointment of Instructors and Assistant Instructors, but despite sanction of funds for the year 1998-99, appointments were not made because the Commission failed to make recommendations for the said posts. Subsequently, the Scheme was not extended by the Empowered Committee, but on 30th December, 2001, pursuant to requisition made by the Welfare Department, the B.P.S.C. advertised the posts for making appointments thereto. The Respondent, Mithilesh Kumar, applied pursuant to the said advertisement and was called for and appeared at an interview on 9th November, 2002, but immediately, thereafter, on 14th November, 2002, the Empowered Committee took a decision that from thenceforth the services of NGOs/institutions would be used for training persons with disabilities. The Assistant Director, Social Welfare, by his letter dated 14th November, 2002, requested the B.P.S.C. not to send any further recommendations as the Scheme was no longer valid and the said Committee had decided to train students of the two trades through professionally established NGOs/institutions.

(2.) On 5th December, 2002, after the said communication was received from the Assistant Director, Social Welfare, the Respondent was declared successful in the interview which had been held on 9th November, 2002, and despite the request made by the Assistant Director, Social Welfare, the B.P.S.C. recommended the name of the Respondent to the said authority for appointment. The Respondent, in this turn, made a representation seeking appointment pursuant to the results declared by the Commission. Not receiving any response, the Respondent filed Writ. Petition No. 543 of 2005 before the Patna High Court on 11th July, 2005, for appropriate relief. The High Court disposed of the Writ Petition with a direction to the Director, Social Welfare, Government of Bihar, to dispose of the Respondents representation. On 15th December, 2005, the Director, Social Welfare, considered the representation of the Respondent and rejected the same.

(3.) Aggrieved by the rejection of his representation, the Respondent filed a fresh Writ Petition, being CWJC No. 447 of 2006, before the Patna High Court and the same was duly allowed. The order dated 15th December, 2005, passed by the Director, Social Welfare, was quashed and the Secretary, Social Welfare, Government of Bihar and the Director, Social Welfare, were directed to appoint the Respondent to the post of Assistant Instructor (Electronics) in Kamla Nehru Social Service Institute and Handicapped and Rehabilitation Training Centre, Patna, after obtaining a recommendation for validation by the B.P.S.C. A direction was given to issue the appointment letter in favour of the Respondent within two weeks from the date of receipt/ production of a copy of the High Courts order.