ANIL KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 151 petitioners have joined this writ petition challenging the order bearing Memo No. K/Kara-v0fu0 5/98-1178/x`0l0Qks] Patna, dated 21.8.2000 (Annexure-20), passed by the Home Commissioner, Government of Bihar, whereby he has held that the selection process for appointment of Jail Wardens for the Bhagalpur Central Jail, Bhagalpur, is bad in law, thereby setting at naught their appointments including the present petitioners.

(2.) The basic facts needed for the disposal of this writ petition are not in controversy. The respondent authorities had published an advertisement which had appeared in the two leading daily newspapers, namely, Hindustan and Aaj on 5.10.1994 (Annexure-1), inviting applications for appointment to the posts of Jail Wardens to be posted in different jails in Bihar. The present writ petition relates to the appointments for the Central Jail, Bhagalpur, for which 157 appointments were to be made. The advertisement stated the various requirements and qualifications for eligibility, for example, height, weight, chest, age, etc. The appointment was to be done by the Superintendent of Jail under the supervision of the Inspector General of Prisons. A Selection Committee had to be comprised of the senior most Jail Superintendent of the circle, the senior-most Jail doctor, one Scheduled Caste/Scheduled Tribe Superintendent of Jail and a Psychologist, and the last two members were to be nominated by the Inspector General of Prisons. The physical verification was to be done at Bhagalpur between 27.12.1997 to 29.12.1997, but was later on decided to be held after 15.3.1998, on account of the Parliamentary Elections. The venue thereafter shifted at a short notice to the B.S.F. ground, Meru Camp, Hazaribagh, to be held from 23.3.1998 to 25.3.1998. After completion of the selection process, a select list of 198 candidates was prepared in order of merit. Appointment letters were issued to 157 candidates which included all the present petitioners who were directed to join within a period of fifteen days. Photo copies of some of the appointment letters by way of sample are marked Annexure-14 to the writ petition. The petitioners joined after medical examination and were posted at Central Jail, Bhagalpur, and received salary for one and half months (May and June 1998), whereafter their salaries were stopped in pursuance of the order of the Commissioner of Bhagalpur Division, Bhagalpur. This was followed by the order dated 16.2.1999 (Annexure-15), from the Inspector General of Prisons to the Superintendent of Bhagalpur Central Jail, that the appointments of all the 157 Wardens were cancelled because of non-observance of the rules in the selection process.

(3.) The same was challenged by the present petitioners by preferring CWJC No. 1956 of 1999 Anil Kumar Sharma v. The State of Bihar and Ors., which was allowed by order dated 10.4.2000 (Annexure-16), whereby the said order dated 16.2.1999 (Annexure- 15) was quashed and the matter was remitted back to the concerned Departmental Secretary (the Home Commissioner) to examine the matter and pass orders in accordance with law and the observations made therein. The petitioners were not allowed to join leading to MJC No. 1879 of 2000 Sri Shankar Prasad and Ors. v. The State of Bihar and Ors., which was disposed of by order dated 8.8.2000 Annexure-17, wherein it was observed that"....As a result of quashing of petitioners' termination order by the judgment in the earlier writ application, the petitioners' joining has to be accepted by the concerned respondents...." which had to be done within two weeks. Operation of the fresh advertisement was also stayed until the decision of the Home Commissioner. He enquired into the matter and passed the impugned order.