ANURAG VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Parties have been heard for the purpose of final disposal of this appeal preferred under Clause 10 of the Letters Patent of this Court.

(2.) By the order under appeal dated 9-11-2010, writ petition bearing C.W.J.C. No. 1866 of 2005 preferred by six petitioners was allowed. Annexure-5 which is an appointment order bearing no.47 of 2004 whereby the District and Sessions Judge, Muzaffarpur after seeking approval of the High Court promoted and appointed six Class-IV employees to six vacant posts of clerk in Class-III, was quashed. The District and Sessions Judge has been directed to declare the result of those candidates who had participated in an earlier examination and interview on the basis of 85 marks in the written examination and 15 marks in the interview.

(3.) The facts relevant for deciding the case are not in dispute. All the writ petitioners ( respondents 5 to 10 herein) as well as the six appellants whose promotion has been quashed are/ were Class-IV employees of Civil Court, Muzaffarpur. The writ petitioners prayed for quashing of promotions of appellants on Class-III posts of clerk on the ground that the promotions are in violation of Rule 6 of the Bihar Civil Courts Staff ( Class-III and Class-IV) (Amendment) Rules, 2001 ( hereinafter referred to as the Amendment Rules, 2001). Through a notice issued in the form of General Order bearing no. 204 of 2003 dated 2-12- 2003, the District and Sessions Judge, Muzaffarpur invited applications from eligible Class-IV employees of Civil Court, Muzaffarpur for promotion to six Class-III posts on the basis of written test followed by interview. The writ petitioners applied and took the written examination on 20 th April, 2004. The written examination was for a total of 85 marks. After publication of result, interview was held on 7- 7-2004. It was for 15 marks. The final results were, however, not declared because the High Court through a letter dated 19-8-2004 directed for holding of fresh written examination for 90 marks as full marks and 45 marks as the qualifying marks, as per provisions contained in Court's general letter dated 22-11-1995 and the relevant Rules of 1992,1998 and 2001