PANKAJ KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 20th July, 2011 made by the learned Single Judge in CWJC No. 10072 of 2011. It appears that under a scheme for eradication of malaria, the State Health Committee, Bihar had sanctioned six posts of Kalazar Technical Supervisor (hereinafter referred to as 'the Supervisor') in each district of the State of Bihar on a monthly honorarium of Rs. 10,000/-. On perusal of the sanction, it appears that the said programme was funded by the World Health Organization. Candidates were required to possess a Degree in Science (Biology). It further provided that in case the required Graduates in Science (Biology) were not available, a Graduate who had passed 12th Standard examination with Science may be considered for appointment. The said sanction also said that a person with experience be given precedence. Pursuant to the said sanction, under order dated 16th March, 2010 made by the Civil Surgeon-cum-Member Secretary, District Health Committee, Katihar, some six persons including the appellant were appointed as the Supervisor for a period of one year on a monthly honorarium of Rs. 10,000/-.

(2.) It appears that since the appointment of the appellant, a complaint was made that although the eligible candidates with requisite qualification of Degree in Science (Biology) were available, the candidates having lesser qualification (i.e. not a Degree in Science with Biology) were selected and appointed. The said complaint was scrutinized by the District Collector, Katihar. Under order dated 4th April, 2011, the District Collector, Katihar sustained the complaint made against the appointment of the appellant. It was observed that the appellant was given a notice on 15th March, 2011 to submit his case or to produce any evidence; that after going through the record, the appointment of the appellant was found to be illegal inasmuch as he did not possess the requisite qualification of a Degree in Science (Biology) whereas the candidates possessing the said qualification of Degree in Science (Biology) were indeed available. Pursuant to the said finding, the service of the appellant has been terminated. Therefore, the Writ Petition. The Writ Petition has been dismissed by the learned Single Judge. Therefore, this Appeal.

(3.) Learned advocate Mr. Bal Krishna Mishra has appeared for the appellant. Mr. Mishra has submitted that the termination of the service of the appellant was vitiated for violation of the principle of natural justice. He has also submitted that neither the learned Single Judge nor the authority below noticed that the persons with experience were required to be given precedence. It was under the said clause that the appellant had been appointed having regard to his long experience in Health Services.