BISHWANATH DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal by special leave is directed against the impugned judgment and order dated 26.7.2006 passed by the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 526 of 2003 (filed against the judgment dated 6.8.2003 of the learned single Judge in C.W.J.C. No. 7859 of 1997), whereby the High Court dismissed the appeal filed by the Appellants herein and concurred with the order of the learned single Judge by holding that they were illegally appointed on the posts of Clerk without following the procedure prescribed in Bihar Nationalised Secondary School (Condition of Service) Rules, 1983 (hereinafter "the Rules, 1983) and in violation of Articles 14 and 16 of the Constitution of India. The brief facts of the case are stated hereunder:

(2.) A Circular No. 16440 was issued on 3.12.1980 by the Government of Bihar through its Personnel & Administrative Reforms Department, prescribing the procedure for appointment to Class-III post of Clerks in Government offices of the State, except those posts where the appointments were to be made by the Public Service Commission. However, subsequently the provisions of the recruitment Rules, 1983 were notified vide Notification dated 9.6.1983 by the state government in exercise of its power conferred Under Section 9 the 'Bihar Non-Government Secondary School (Taking over Management & Control) Act, 1981. According to these Rules, the District & Education Officer was declared to be the competent authority to make appointment to Class-III employees. It further stated that there would be no written examination or interview for appointment and the marks obtained in the school and college examination would be the basis of the preparation of the merit list. It also prescribed the procedure of selection and appointment as also the service conditions of the schools under the Rules, 1983. The Selection Committee for appointment of Class-III employees was also prescribed under these Rules, which comprised of the District Education Officer, District Inspectors of Schools and the senior most head master of a nationalised secondary school.

(3.) As per Rule 8(1)(e) of the Rules, 1983, the cadre of Class-III non-teaching staff would be a District Cadre and the District Education Officer would be the appointing and controlling officer.