SANJAY KUMAR SAMAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner of C.W.J.C. No. 3861 of 2009 (Sanjay Kumar Samaiyar V/s. The State of Bihar & Others), has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 5.8.2010, whereby the writ petition has been dismissed, and advertisement no. V of 2009, dated 30.1.2009, for appointment to the posts of Factories inspector (Basic Grade), has been upheld.

(2.) A brief statement of facts essential for the disposal of this appeal may be indicated. Respondent No. 4 herein published advertisement no. 1 of 2009 (Annexure-1), which had appeared in the local dailies on 30.1.2009, inviting applications for appointment to eleven posts of Factories Inspector, out of which 10 posts were of Factories Inspector (Basic Grade), which required the educational qualification of Chemical Engineering or Production Engineering with further details stated therein. One post was of Factories inspector (Chemicaf), and is not in question here. The appellant holds degree of Engineering (Metallurgical), and is, therefore, not eligible to apply for the post of Factories Inspector (Basic Grade).

(3.) While assailing the validity of the impugned advertisement, learned counsel for the appellant submits that the authorities have, by the advertisement in exercise of its limited authority vested by the proviso to Rule 9, has nullified the substantive provision of Rule 9, which is impermissible in law. He next submits that such an exercise of power can be confined to "any particular vacancy", as has been done in the case of Factories Inspector (Chemical), and cannot cover such a large number of vacancies. He lastly submits that the authorities have failed to satisfy the court about "the need of Government" to confine it to "any particular vacancy", as mandated by the proviso to Rule 9 of the Rules. He relies on the judgment of the Supreme Court in the case of the Marathwada University V/s. Seshrao Balwant Rao Chavan, 1989 AIR(SC) 1582(Paragraph No. 26).