BIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) The nine petitioners in the present writ application were applicants for appointment on the post of driver in the State Government pursuant to an advertisement issued by the Bihar Staff Selection Commission (hereinafter referred to as 'the Commission'). The selection process is governed by Bihar Driver's (Recruitment and Service Conditions) Rules, 2005, as amended by Bihar Driver's (Recruitment and Service Conditions) (Amendment) Rule, 2014 (hereinafter referred to as 'the Rules'). In consonance with Sub-Rule 5 and 6 of Rule 4 of the Rules, the advertisement inter alia contemplated that a written test of 75 marks shall be held. The advertisement further required that the candidates must score minimum qualifying marks in the written test, as prescribed in resolution no. 2374 dtd. 16/7/2007 issued by the Personnel and Administrative Reforms Department (General Administration Department), Government of Bihar. The said resolution dtd. 16/7/2007 prescribed 40% for General, 36.5% for Backward Class, 34% for Extremely Backward Class, 32% for Scheduled Caste/Schedule Tribes and 32% for females as minimum qualifying marks in written test. Apparently those who qualified in the written test could be considered for subsequent stages of scrutiny for selection. The advertisement specifically laid down the process of selection clearly in tune with the statutory provision under Sub-Rule 5 and 6 of Rule 4 of the Rules. Sub-Rule 5 and 6 of Rule 4 of the Rules reads thus:-

(3.) Evidently, those who scored minimum qualifying marks in the written test were eligible for consideration in terms of Sub-Rule 5 of Rule 4 of the Rules, which required that on the basis of written test and work experience of drivers appointed on contract basis, the Commission shall invite 2.5 times of vacancy for test of driving and general knowledge of vehicles.