BIHAR RAJYA BEYAWHAR NAYALAYA LIPIK UMIDWAR SANGH Vs. CO-ORDINATION COMMITTEE VAISHALI AT HAJIPUR CUM-DISTRICT

JUDGEMENT

(1.) THE petitioners have filed the present writ application for a direction to the Convenor (District Judge. Patna) of the Coordination Committee constituted under Rule 11 of the Bihar Civil Courts Staff (Class III and Class IV) Rules, 1992(hereinafter referred to as the Rule) as well as the Chairman of each Zonal Selection Committee who are members of the said selection committee for publication of merit list/panel of successful candidates prepared for appointment to the post of Class III employees in the different judgeships of the State of Bihar and for a further direction to the respondents to fill up the existing as well as the future vacancies from the said panel/list.

(2.) THE High Court of Judicature at Patna has framed the Rules in exercise of power under Section 235 of the Constitution of India. Rules 8 to 24 contain a provision of recruitment of Class III staff. Rule 25 provides that the High Court may direct that a different procedure for appointment as provided in Rules 26 to 33 may be followed notwithstanding the aforesaid procedure provided for recruitment. Rules 26 to 33 provide that the appointment has to be made district wise by a committee consisting of District Judge and the seniormost Additional District Judges in the judgeship.

(3.) PETITIONERS 2 to 5 and other eligible candidates applied in tems of the aforesaid advertisement and thereafter the candidates were asked to appear in the written examination conducted by the Professional Agency in terms of the Rules held on 8.12.96 at five Zonal Centres. The answer -books evaluated outside the State by the Professional Agency. A cut off of mark was fixed and it was decided that candidates four times the number of vacancies be called for interview. Thereafter, the result of written test was published in April. 97 and 3386 candidates were found to be within the Zone of consideration and accordingly they were called for interview which was to be held from 3rd May, 97 to 13th May, 97 at five Zonal Centres. Out of 3386 successful candidates 503 candidates either they did not appear or failed in the interview and thereafter a list was prepared containing the names of only 920 persons who were to be appointed in different judgeships of the State of Bihar. Thereafter the list of finally selected candidates was published in the different Zonal Centres on 3rd October 1997. It is stated that out of the notified vacancies of Clerk i.e. 1007, 101 vacancies were reserved for Scheduled Tribe but only 14 candidates under the said category became successful and were included in the merit list and 87 vacancies were not filled up and were carried forward and thus 920 candidates were finally selected for appointment after leaving the aforesaid 87 vacancies. It further appears that waiting list of 138 persons has also been prepared to fill up the vacancies due to non -joining out of the aforesaid 920 candidates.