DEO KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Yaduvansh Giri, learned senior counsel for the petitioners and J.C. to AAG I for the respondents.

(2.) BY this writ application the petitioners have prayed for issuance of a direction upon the respondents to consider their cases for appointment to the post of Village Level Worker (hereinafter referred to as V.L.W) in the district of Madhubani and also for issuance of a direction to prepare the merit list of the candidates for appointment to the post of V.LWs. according to Bihar Village Level Worker and Village Extension Worker (Recruitment and condition of service) Rules, 1987 (hereinafter referred to as the Rules).

(3.) LEARNED counsel for the petitioners submits that Rule 3 of the Rules provides for constitution of a cadre of V.L.W. for each of the district in the State of Bihar and such cadre will be a district cadre. Mr. Giri further submits that pursuant to the aforesaid Rule, posts of V.L.W. for the district of Madhubani were advertised vide Annexure -3 and the petitioners pursuant to the advertisement, applied for the post along with others. The applicants finally were interviewed as per the mode prescribed under Rule 7 of the Rules and a select list was prepared from among the candidates even not belonging to the district of Madhubanf and consequently thereof, the candidates who hailed from other districts, occupied the upper bearth in the select list as per the marks obtained by them and the petitioners were placed below in the list irrespective of the fact that the candidates only belonging to the district of Madhubani could have been selected for the post of V.LWs as per Rule 3 of the Rules. Learned counsel for the petitioner further submits that 1987 Rule has neither been amended nor any changes have been made in it. However, the select list has been prepared contrary to the provisions laid down in the Rule. Learned counsel also submits that in other districts, posts of V.L.Ws have been filled up pursuant to the applications filed by the residents of that very district as per the Rule and only in the case of district of Madhubani the select list has been prepared do hors the rule. Particularly, my attention has been drawn to Annexure -10 to the writ application to show that 1987 Rule was strictly followed for filling up the posts of V.L.Ws in the district of Samastipur.