AMITABH GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as also for private respondent No. 5.

(2.) The controversy between the petitioner and respondent No. 5 revolves around the claim for appointment on the post of Director, Department of Science and Technology, Government of Bihar. Respondent No. 5 has been appointed on that post by order dated 15.7.2009 and with which the petitioner is aggrieved perceivably on the ground that he is senior to respondent No. 5. The post of Director, Department of Science and Technology is an ex cadre post and, therefore, appointment is on a tenure basis for three years dependent on the competence of the candidate. The controversy had come to this Court Ram Krit Singh V/s. State of Bihar and Others, 1999 2 PLJR 739for appointment on the post of Director, Department of Science and Technology with a fight in between the incumbent who was a Professor in the Bihar Institute of Technology while the private respondent therein was a Professor in the M.I.T., Muzaffarpur. This Court noticed that the posts were ex cadre. The nature of the challenge was that the selection had been done arbitrarily without having regard to seniority or merit. This Court, therefore, in paragraph No. 11 gave certain directions of the method and manner in which the ex cadre post of the Director, Department of Science and Technology, should be filled up in consonance with law and fairness of procedure.

(3.) In pursuance of the same, the Department of Science and Technology framed the necessary guidelines dated 1.9.2000. Clause-2 of the same provides: