ABHILASHA DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ application has been filed for issuance of an appropriate writ/order/direction commanding the respondents to appoint the petitioner as Librarian in High School within Sitamarhi Zila Parishad in pursuance of her counseling dtd. 11/10/2014 and further to set aside the decision of the panel preparation Committee dtd. 15/4/2017/7/6/2017 under the chairmanship of the Chairman, Sitamarhi Zila Parishad who held that all the posts of unreserved category has been filled up (by appointing reserved category candidates against un-reserved posts). The alternative prayer is to appoint the petitioner against vacant post of Librarian in any other school and grant age relaxation for future vacancies.

(3.) Learned counsel for the petitioner submits that in the year 2006, the Government of Bihar came out with notifications relating to Rules for appointment of teachers/librarians in schools run under the Municipal body/Zila Parishad etc. In the year, 2008, the Government of Bihar came out with advertisement for appointment of 2596 Librarians in various schools. Out of that 39 posts were for schools run by the Zila Parishad, Sitamarhi. Out of those 39, 20 posts should have been for unreserved (General) categories but only 19 were shown as unreserved. Petitioner being an eligible candidate having qualification of B.Com (Hons.) and B.L.I.S. from L.N.M.U. applied for the post of Librarian on 10/11/2008 under various local bodies like Nagar Panchayat Pupri, Nagar Panchayat Bairgania, Nagar Parishad Sitamarhi and Zila Parishad Sitamarhi. The Zila Parishad prepared a merit list of 241 candidates who had applied for appointment as Librarian in High Schools under its control. The name of the petitioner figured in that list. However, the selection process was stopped and again restored in 2011 and 2014-2015. Instead of filling up all the sanctioned vacant posts of Librarians in one go, the Zila Parishad started filling up the posts in phased manner. In the first phase appointment was made on 8/3/2010 on 10 posts, 16/12/2011 on 7 posts, 5/8/2014 on 10 posts and 17/10/2014 on 6 posts in order to appoint persons on pick and choose basis contrary reservation roaster.