DEORAJ VATS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present writ application is to Rule 8 of Agriculture Co-ordinator Cadre (Recruitment and Service Conditions) Rules, 2014 (for short, 'the Rules') framed in terms of power conferred by proviso to Art. 309 of the Constitution of India. The offending clause reads as under:-

(2.) The assertion of the petitioners is that an advertisement was published by Bihar Staff Selection Commission (for short, 'the Commission') on 29th April, 2015 for direct appointment on the post of Agriculture Co-ordinator of 4391 vacancies. The challenge to the eligibility qualification is on the ground that purpose of appointment of Agriculture Co-ordinator is to give technical and administrative cooperation in implementation of various schemes of the Agriculture Department, below block level, but the eligibility criteria as stipulated in Rule 8 does not seem to be appropriate to achieve the purpose of appointment of Agriculture Co-ordinator for the reason that the candidates having Graduate in Animal Husbandry/ Fisheries/ Agriculture Engineering/ Horticulture/Forestry/Dairy Technology would not be competent to give technical and administrative cooperation in implementation of various schemes of the Agriculture Department. The Department of Animal Husbandry, Fisheries, Forestry and Dairy Technology are quite distinct and different and that the Directorate of Agriculture in the Department of Agriculture does not work in terms of Animal Husbandry, Fisheries, Forestry and Dairy Technology. It is thus, submitted that the eligibility criteria has no nexus with the objective to be achieved, i.e. implementation of schemes of the Agriculture Department.

(3.) In a counter affidavit filed on behalf of respondent nos. 2 and 3 on 10.11.2015, it is, inter alia, averred that the Department of Agriculture of the State Government issued an agriculture Road Map whereby and where under all the schemes of the agriculture (Central and State) has to be implemented in the State. Therefore, to render technical assistance to the farmers, the State Government has created a post of Agriculture Co-ordinator vide Notification dated 25th July,2012. In the scheme framed, one Agriculture Co-ordinator at every two Panchayats and five Agriculture Co-ordinators as leave reserve at the district level were sought to be appointed. Initially, in the year 2013, 2745 out of 4319 Agriculture Co-ordinators were appointed on contract basis. At that time, the educational qualification was Agriculture Graduate (Science). After the framing of the Rules, requisition for remaining posts was sent to the Commission and thereafter, the process of selection was initiated which is at the fag end of completion. It is pointed out that 1646 posts remained unfilled when the post of Agriculture Co-ordinator was intended to be filled up on the basis of contract due to paucity of Agriculture Graduate (Science) Degree holders. Therefore, after due deliberation, the Department included the candidates, who possessed the Bachelor degree in Animal Husbandry/Fisheries/Agriculture Engineering/ Horticulture/ Forestry/ Dairy Technology. It is pointed out that these degree holders would render their services in the integrated policy making and implementation at the grassroots level. It is also pointed out that though the Department of Animal Husbandry, Fisheries, Forestry and Dairy Technology are distinct and different, but these departments are also related to allied activities of agriculture.