STATE OF BIHAR Vs. KAUSHAL KISHORE SINGH

JUDGEMENT

(1.) Impleadment application is dismissed.

(2.) This appeal by special leave arises from the judgment of a learned single Judge of the Patna High Court, made on February 17, 1986.

(3.) A few admitted facts are sufficient for disposal of this appeal. Recruitment to the Class III posts in several categories in the State of Bihar was advertised by the Bihar State Selection Service Board. Large number of candidates applied for selection. There were 1005 posts in all; initially, 978 and subsequently 127 posts were included. For 7 categories of posts, special educational qualification of graduation with Commerce, Science, Economics and Mathematics has been prescribed. For 3 categories of posts, only general educational qualifications have been prescribed. All are required to have graduation degree as a minimum educational qualification. Before selection of the candidates, the pay structure of some of the posts underwent drastical change. Some of the posts carrying higher pay scale, prior to the advertisement, were lower grades with lesser scale of pay while some of the posts due to Pay Commission recommendations were increased. Be that as it may, when the selection was made and appointments were sought to be made of the selected candidates, as per the affidavit filed in this regard, on a direction given on July 30, 1987, the Government claimed that "the Board considered candidates for various posts as per availability at the time and recommended candidates strictly on the basis of pay scale, academic qualifications of job requirements." The High Court proceeded on the premise that no merit list was prepared and the candidates who had aptitude for certain job or entitlement are required to be considered for appointment. Options had not been called for. Therefore, the selection and appointment of the candidates without preparing merit list and without calling for the option is arbitrary, violating Article 14 of the Constitution.