ARUN KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants are aggrieved by the order dated 27th April, 2001 passed by a learned Single Judge of this Court in a batch of writ applications including CWJC No, 12779 of 1999 by which he, has quashed the panel of successful candidates for the post of Jeep driver pursuant to adverstisement No. 1 of 1997 and directed the respondent-Bihar Public Service Commission (for short, the Commission) to take steps for fresh selection in the light of the observations made in the order. Both the appellants are successful candidates and appellant No. 1 was added as intervenor-respondent in the writ application and appellant No. 2 has directly filed the appeal challenging the order of the learned Single Judge.

(2.) ERADICATION of tuberculosis was taken up as a part of the 20-Point Programme in planned expenditure. Dr. A.A. Mallick holding a rank of Deputy Director in Health Department was the Director of the Tuberculosis Centre at Patna and activities of the said Centre was extended to various districts under the aforesaid programme. Dr. Mallick was made the Deputy Director of the Tuberculosis ERADICATION Scheme. There were 2250 Class III and Class IV sanctioned posts under the aforesaid scheme and Dr. Mallick was made Chairman of the Recruitment Committee. Dr. Mallick taking advantage of his official position appointed 6,000 (six thousand) persons without holding any procedure for appointment of Class III and Class IV posts. Several writ applications were filed before this Court and this Court directed the State Government to inquire into the matter and an inquiry committee was constituted and all the appointments were found to have been made in total breach of the rules governing the appointments. Therea'ter, the State Government cancelled the appointments. This Court upheld the cancellation of the appointments. Aggrieved persons challenged the matter before the Apex Court in batch of cases which were finally disposed of by the Apex Court on 16th December, 1996 and is , Ashwani Kumar and Ors. v. State of Bihar and Ors. The order of this Court was upheld and the Apex Court directed the State Government to take steps for filing up the aforesaid posts after issuance of advertisement by following the procedure applicable for appointments of Class III and Class IV posts. While issuing the aforesaid direction, the Apex Court also considered human aspect and ordered that dismissed employees under the aforesaid scheme may be considered along with other candidates and certain weightage was to be given to them. It is relevant to quote the directions issued be Apex Court in the aforesaid case which are as follows. 1. Respondent State of Bihar may start at the earliest a fresh exercise for recruiting Class III and Class IV employees in the Tubarculousis ERADICATION Programme undertaken by the State as a part of 20 Point Programme on the available 2,250 vacancies or even more vacancies, as the case may be, preferably within three months from the receipt of a copy of this order. 2. Towards the said exercise the State will publish a notice in all the newspapers having circulation in the State inviting applications for direct recruitment to Class III and Class IV posts for filling up these vacancies in the said Programme.

(3.) THE committee may fix total number of marks to be obtained by the candidates for being treated to have passed the selection test. Any relaxation in the minimum eligibility marks to be obtained by the Scheduled Castes, Scheduled Tribes and other Backward Classes candidates as found necessary may also be decided by the committee. THE Committee if satisfied about the credentials and other particulars of the appellants or those appointed by Dr. Mallick as mentioned in para (6) above, may allot additional marks to them for each of the three years and more for which they might have worked, at the rate of 2 marks for each completed year of continuous working, up to the maximum of 6 marks, for each candidate. Candidates appointed by Dr. Mallick who are found to have undertaken training pursuant to the Government direction dated 31-1-1987 may be awarded 2 additional marks for the training so received. Those 2 marks will be in addition to the 6 marks which are to be awarded on completion of meritorious and honest service by the employees concerned as mentioned above.