SANDEEP KUMAR & ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The nine petitioners herein holding the post of Senior Scientific Assistant pray for issuance of a writ in the nature of certiorari for quashing the notice dated 19.4.2017 impugned at Annexure-9 whereby the objections filed by the petitioners and some others has been rejected by the Bihar Public Service Commission (hereinafter referred to as 'the Commission') as communicated by the Special Secretary-cum-Examination Controller thus upholding the disqualification of the petitioners for not possessing the required experience of 3 years on the post of Senior Scientific Assistant. While the list of ineligible candidates so published by 'the Commission' has been impugned by the petitioners vide Annexure-5 series to the writ petition and Annexures-11, 12, 13, 14, 15 and 16 series to the supplementary affidavit filed on 18.5.2017, the notice dated 19.4.2017 is impugned at Annexure-9 to the writ petition.

(3.) Facts of the case briefly stated is that these petitioners, a Post Graduate in Science, were initially appointed as Scientific Assistant on contract basis with the Forensic Science Laboratory at Patna. The contract of the petitioners has been renewed from time to time. It is the case of the petitioners that vide notification bearing Memo No.1661 dated 28.2.2014, the Bihar Police Manual was amended and vide paragraph 2(1) of the amended notification the post of Technical Officer/Senior Scientific Assistant/Technician/ Scientific Assistants/ Laboratory Assistants were redesignated as Senior Scientific Assistant. The amendments were brought in force with immediate effect as manifest from Annexure-1 to the writ petition.