SANJAY KUMAR Vs. THE BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These appeals, under Clause 10 of the Letters Patent of this Court, arise out of common order, passed by a learned single Judge, in C.W.J.C. No.10694 of 2012 (Sanjay Kumar v. The Bihar State Electricity Board, through its Secretary & Ors.) and C.W.J.C. No.10733 of 2012 (Surendra Kumar Yadav v. Bihar State Electricity Board, through its Secretary & Ors.), whereby the applications, filed by the appellants herein, under Article 226 of the Constitution of India, have been disposed of refusing to grant the relief sought for by them.

(2.) The dispute relates to appointment to the post of Accounts Officer, pursuant to an employment notice, issued by the erstwhile Bihar State Electricity Board, Patna, Bihar (hereinafter referred to as "the Board"), through Employment Notice No.05 of 2011. The appellant, namely, Sanjay Kumar (L.P.A. No.430 of 2015) had applied, pursuant to the said advertisement, as a candidate belonging to Extremely Backward Class Category, whereas the appellant, namely, Surendra Kumar Yadav (L.P.A. No.181 of 2015), had applied, as a candidate belonging to Backward Class Category.

(3.) It is not in dispute that the selection was to be made on the basis of written test and those, who were found successful in the written examination, were to appear in Computer Literacy Test (hereinafter referred to as the "C.L.T."). This apart, minimum qualifying marks had been prescribed in respect of the C.L.T. for candidates, belonging to different categories, with clear stipulation that failure to obtain minimum qualifying marks would disqualify a candidate from being placed in the provisional merit list. There is also no dispute about the fact that, as per the selection procedure prescribed, the merit list was required to be prepared on the basis of marks obtained in the written test only subject to obtaining minimum qualifying marks in the said C.L.T.