RANDHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The District Magistrate, Nalanda, respondent No. 2, has passed an order dated 28.8.2009. Matter related to selection or appointment of certain Panchayat Shiksha Mitra and the legality thereof. There is a speaking order whose quashing is being sought in the present writ application by the petitioner. The sum essence of the outcome of the speaking order is that persons appointed on the post of Shiksha Mitra by an exercise carried out by the concerned Mukhiya has been set to naught and the appointments terminated. Submission on behalf of the petitioner is that order passed by the District Magistrate, Nalanda is in teeth of the observations of the learned single Judge which are available on record as Annexures-15/1 and 15/2.

(2.) The short facts are that for appointment on the post of Shiksha Mitra, Mukhiya of the village adopted a novel procedure of holding a written examination and drawing up of a merit list of such candidates based on the said written examination. Appointments came to be made on the basis of such exercise which became controversial as well as subject matter of challenge. No doubt in yet another matter the learned single Judge was of a considered opinion that selection made on the basis of written test may support the system in finding more meritorious persons for the job but the question, which arises for consideration in this writ application is whether the learned single Judge was correct in his innovation in laying down a new procedure contrary to the policy and guidelines laid down by the State for such selection to be made on the post.

(3.) There is no dispute that there is a detailed policy and guidelines which have been notified by the State of Bihar based on which appointments are to be made. It categorically lays down that appointments have to be made on the marks obtained by the candidates in their matriculation and intermediate examinations and that shall be the deciding factors for merits. It does not talk in terms of holding a competitive examination to decide the merit of the candidates. The merit list had to be drawn up on the basis of marks obtained by them in terms of the policy.