ARUN DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners in these writ petitions were the applicants for appointment on the post of Lower Division Clerk in the Bihar Vidhan Sabha Secretariat pursuant to Advertisement No. 2 dated 3.5.2001, Annexure-1. Having participated in the selection process, they have questioned the Office Order No. 1 dated 25.1.2005, bearing Memo No. 104 dated 25.1.2005 issued by the Bihar Vidhan Sabha, Annexures-5, 11 in the two writ petitions respectively whereunder 89 successful candidates have been appointed pursuant to the aforesaid advertisement on the post of Lower Division Clerk.

(2.) It is submitted on behalf of the Petitioners that close perusal of the aforesaid advertisement would indicate that thereunder mode of selection provided for appointment on the post of Lower Division Clerk is by conducting written examination of 100 marks in General Knowledge, Hindi and Mathematics of two hours duration. The authorities deviating from the mode of selection provided in the advertisement, proceeded to conduct interview of 25 marks in order to accommodate the kith and kin of the Members of the Selection Committee and other high-ups of the Bihar Vidhan Sabha and to achieve such purpose, the Selection Committee was also reconstituted under notification of the Bihar Vidhan Sabha dated 19.5.2004, bearing Memo No. 700 dated 19.5.2004, Annexure-9 in C.W.J.C. No. 1541 of 2005 without there being any ostensible purpose for such reconstitution. In order to accommodate the kith and kin of the Members of the Selection Committee and other high-ups of the Bihar Vidhan Sabha, 2544 candidates were called for the interview against 90 vacancies.

(3.) With reference to the averments made in paragraph 4 of the second supplementary affidavit filed in C.W.J.C. No. 1541 of 2005 and Annexures-13 and 14 appended therewith, it is submitted that the marks shown to have been secured by 24 candidates during the aforesaid selection process for appointment on the post of Lower Division Clerk appears to have been changed during the selection process without there being any justifiable reason for such alteration. In paragraph 18 of C.W.J.C. No. 1541 of 2005, Petitioners have given the name of 8 appointees on the post of Lower Division Clerk pursuant to the aforesaid selection process indicating their connection (relationship) with the Chairman, Member of the Selection Committee and other high-ups of the Bihar Vidhan Sabha and according to the learned Counsel for the Petitioner in C.W.J.C. No. 1541 of 2005, the said allegation has been admitted in paragraphs 22 and 23 of the counter affidavit filed on behalf of the Bihar Vidhan Sabha. Annexure-8 in C.W.J.C. No. 6412 of 2005 is said to be the list of 90 candidates who have been appointed on the post of Lower Division Clerk pursuant to the aforesaid advertisement indicating their connection (relationship) with the Members of the Selection Committee and other high-ups of the Bihar Vidhan Sabha. In the background of the aforesaid facts, it is submitted that this Court under order No. 10 dated 25.7.2008, passed in these writ petitions deemed it appropriate not to proceed further in the matter until submission of the preliminary report by the Vigilance Investigation Bureau of the State Government, which has now been submitted and relying on the report of the Vigilance Investigation Bureau, this Court should annul the appointment made pursuant to the impugned Office Order dated 25.1.2005.