MADHU SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the cases as common point of law is involved, they were heard together and are being disposed of by this common judgment.

(2.) THE petitioner of C.W.J.C. No. 2428 of 1989 (Mrs. Madhu Sinha) while prayed for direction on the Respondents to empanel her name for appointment to the post of Lady Extension Officer, the petitioner of C.W.J.C. No. 1398 of 1989 (Meena Kumari) has prayed for direction on the Respondents to consider her case for appointment to the said post of Lady Extension Officer.

(3.) THE brief common facts are, as follows : The posts of Lady Extension Officer are Class -III posts and are available in Muffasil Offices under the Divisional Commissioner. They are under the direct control of the Revenue and Land Reforms Department of the State of Bihar. There is no separate guideline/rule laid down for appointment to the post of Lady Extension Officer. The State Government from its Personnel and Administrative Reforms Department issued a general guideline for appointment against Class -III post of the district by their letter no. 11972 dated 9th June, 1976. Subsequently, the Land Reforms Department of the State Govt. also issued their individual guideline by letter no. 96/83 dated 22nd/29th November, 1983. Therein, they reiterated the guideline dated 9th June, 1976 issued by the Personnel and Administrative Reforms Department and directed the District authorities and the Divisional Commissioners to follow such guideline for appointment against Class -III posts. In terms of the aforesaid guideline dated 9th June, 1976, as reiterated by guideline dated 22nd/29th November, 1983 (of Revenue and Land Reforms Department), a panel of persons is to be prepared after 'allotting marks' for certain qualification and other factors. According to the same, the marks of the basic qualification are to be treated to be 100% and on that basis the marking is to be made taking into note the marks obtained by a candidate at the time of such basic qualification. The additional bonus marks have been further prescribed under the guideline. If a person acquire higher qualification like Degree, Post Graduate Degree etc. then additional five marks are to be given for each of such higher qualification. This apart, mark has also been prescribed for persons having higher age. For example, if matriculation is the basic qualification for appointment to a post then the percentage of such matriculation examination will be the base mark. If such person has obtained higher qualification like Graduation then the person will be entitled for five bonus marks and if such person is Post -Graduate then further five bonus marks are to be added for such Post Graduation. Similarly, if the basic qualification is Graduation then the basic mark will be the percentage of marks of such Graduation and in that case, the five bonus marks are to be provided if a person holds further higher qualification of Post Graduate etc. Over such marks, the marks for age are to be added. In the present cases, advertisement was published for appointment to the post of Lady Extension Officer on 14th December, 1987. Admittedly, the petitioners being eligible for such post applied, Graduation with Arts, Commerce and Science was the minimum qualification laid down for such appointment. Thereafter, no separate written test was held nor any viva -voce test (interview) was conducted. A panel (merit list) was prepared by the Selection Committee on the basis of criteria laid down vide guideline dated 22nd/29th November, 1983. A number of persons were provided with appointments but petitioners having not been appointed, they have filed the instant writ petitions.