RAM VINAY PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners as well as learned Counsel for the Respondents.

(2.) Petitioners are data entry operators working in the Transport Department in the Headquarters on contract basis at a fixed remuneration, In view of the increasing work of data entry operators through computers, a Rule was framed for appointment of data entry operators on regular basis, namely, Transport Departmental Data Entry Operator Recruitment Rules, 2006 (hereinafter referred to as "the Rules") .

(3.) As per the Rules, 65% of total sanctioned vacancies of data entry operators in the State was required to be filled up by advertisement from open market and rest 35% vacancies were required to be filled up from eligible and qualified data entry operators appointed on contract basis in the Department. The work of recruitment was assigned to the Bihar State Staff Selection Commission (hereinafter referred to as "the Commission") . Since large number of vacancies of data entry operators was available with the Transport Department, requisition was sent by the Department to the Commission on 22.2.2007. On receipt of requisition, Commission was required to start the process of recruitment by inviting applications from open market for appointment as data entry operators against 65% vacancies and to give opportunity to the candidates, who were already working as data entry operators on contract basis, to apply for their regular appointment against 35% vacancies. Accordingly, the Commission prepared a draft advertisement, sent it to the Department which was approved and returned to the Commission on 2.9.2009, for publication in the newspapers.