KUMARI NEHA SINHA Vs. SPEAKER BIHAR VIDHAN SABHA

JUDGEMENT

(1.) ALL these six writ petitions were heard in detail at the stage of admission itself. Dr. Sadanand Jha, Senior Advocate argued on behalf of the petitioners whereas Mr. Mihir Kumar Jha, Senior, Advocate argued on behalf of the respondents comprising the Speaker and officials of the Bihar Vidhan Sabha. These cases were heard together because they involve common questions of facts and law relating to appointment of Typists and Security Guards in the service of Bihar Vidhan Sabha. Writ Petitions bearing CWJC Nos. 3511/2000, 12261/2000 and 7245/2001 relate to appointment on the post of Typists whereas the remaining three writ petitions relate to appointment to the post of Security Guards.

(2.) IT appears that the Secretariat of Bihar Legislative Assembly published advertisement dated 17.9.1997 for filling vacancies in the post of Typist, Peon, Orderly etc. The materials on record disclose that for the post of Typists altogether 29185 applications were received, out of which 10628 applications were found to be valid. In response to admit cards issued for typing test, 7320 applicants appeared and took the typing test between 8.2.1998 and 2.3.1998. The evaluation was done by one person, Mr. Rajni Kant Deb, a Deputy Secretary, Incharge Joint Secretary. He prepared results of only 47 candidates showing them to be successful for appointment on the 47 vacant posts of Typist. This was done on 27.1.2000 four days prior to his retirement on 31.1.2000. The 11th Bihar Legislative Assembly was dissolved on 1.3.2000 and the next Assembly was constituted on the same date. On 5.3.2000 the Governor appointed a protem Speaker to conduct the session of the Assembly between 7th to 9th March, 2000. In the meantime on 3.3.2000 when the Secretary to the Assembly, a Judicial Officer in the rank of District Judge did not agree to associate himself with the appointment process, the file was sent directly to the Speaker of the 11th Bihar Legislative Assembly who on 6.3.2000 authorised Mr. Dinesh Chandra Karun, an Under Secretary working in Questions Section of the Assembly, to issue appointment letters. Appointment letters were issued on 6.3.2000 granting 20 days time for joining. Similarly, in the case of Security Guards an advertisement was issued on 7.11.1998, 1389 applications were received by the last date i.e. 26.11.1998. On 13.11.1998 the then Speaker passed an order in the file authorizing Mr. Rajni Kant Deb to conduct all the examinations for selection to the post of Security Guards including physical fitness test as prescribed in the advertisement. Physical fitness test was conducted between 20.1.1999 to 7.2.1999. As per records of the Assembly after more than 10 months Sri Rajni Kant Deb submitted a list of 266 candidates shown to be successful in the physical test but without any records to show the required measurement of height and chest, performance of running of a mile within six minutes, clearance of high jump of four feet and long jump of 11 feet in respect of any of the 1389 candidates. Sri Deb conducted a written test and interview of 215 out of 266 selected candidates on a single day i.e. 16.1.2000 from 11 am onwards. The written test was of three hours between 11 am to 1 pm followed by interview of all the 215 candidates. The records of the Assembly do not contain any separate marks -sheet for the interview held on 16.1.2000 by Sri Deb. However, a consolidated marks of written and interview of 215 candidates dated 27.1.2000 was again directly submitted by Sri Deb to the then Speaker and received in the Cell of the Speaker on 3.3.2000 leading to issuance of appointment letters to 21 persons on the post of Security Guards on 6.3.2000 by Sri Dinesh Chandra Karun. In this process also the Secretary of the Bihar Legislative Assembly refused to associate himself for approving the draft of appointment on the ground that he had no knowledge of the selection procedure.

(3.) IN some of the writ petitions a challenge was also made to subsequent advertisement issued in the year 2001 for filling up the available vacancies in the post of Typists and Security Guards. An interim order of this Court dated 20.6.200A passed in CWJC No. 7245 of 2001 observed that the petitioner may participate in the selection process without prejudice to his rights and contentions. That petitioner Shatrughan Pandey was an aspirant for the post of Typist. It is not in dispute that pursuant to fresh selection process the then available posts of Typist and Security Guard have been filled up.