SUDHIRNAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondent Rejendra Agricultural University to appoint the petitioner to the post of Artist -cum -Photographer.

(2.) SHORT facts giving rise to the present application are that the casual employees holding Class Iff and Class IV post working in the Rajendra Agricultural University (hereinafter referred to as the University) agitated for regularisation of their services Ultimately the matter travelled to the Supreme Court giving rise to the Special Leave Petition (Civil) No. 18694 of 1994 and the Supreme Court in its order dated 18th of February, 1998 gave the following direction: "So far as class IV posts are concerned regular appointment against available vacancies for regular sanctioned post under the Bihar State Agricultural Universities Act should be made by appointing the casual employees who have worked in the Rajendra Agricultural University for more than 15 years against 35% of available vacancies provided such employees have requisite qualification for regular appointment and they are also physically fit for permanent absorption. In respect of balance 65% vacancies, invitation of applications by advertisement by following the usual procedure for filling up the vacancy in the University services should be made. The casual employees of the Rejendra Agricultural University who will not be absorbed against 35% reserved quota as indicated hereinbefore will be entitled to apply for the said 65% posts. The following criteria will be followed for selection against the 65% posts. For each year of completed service of the casual employees, 2% marks will be given for their experience up to the maximum of 30%. For educational and others qualifications as laid down in the advertisement, 50% marks would be given and 20% marks will be allotted on the basis of performance in the interview. It is clarified that for the casual employees year of completed service will mean, by ignoring artificial break, 240 days of service in a year. There will be relaxation of age upto 50 years in the case of casual employees serving the Rajendra Agricultural University in the State of Bihar and appointment will) be given provided such employees are physically fit for regular absorption. The same principle will also be followed for filling up the Class iii posts after giving the same relaxation of age. The casual employees who will not be absorbed either against 35% of reserved quota or balance 65% vacancies as indicated above wilt be disengaged from the services after exercise of selection process is completed. Such exercise should be taken up as early as practicable and the selection process should be completed within a period of six months from today."

(3.) COUNTER affidavit has been filed on behalf of respondent no. 2 and in paragraph 6 thereof it has been stated as follows: "That the said Committee revised all the cases including that of the petitioner. The Committee found that the petitioner was not suitable and eligible due to lack of experience for the post of Artist -cum -Photographer."