NARENDRA DEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for commanding the respondent State of Bihar and its officers to consider cases of the petitioners for selection to the posts of Village Level Worker/Village Extenstion Worker (hereinafter to be referred to as 'VLW/VEW ') in accordance with the provisions of Bihar Jan Sevak and Graim Prasar Karyakarta (Bharti Avam Seva Sharten) Niyamwali, 1987 [Bihar Village Level Worker and Village Extension Worker (Recruitment and Condition of Service) Rules, 1987] (hereinafter to be referred to as "Rules"). Further prayer has been made for directing the respondents to complete the process of selection pursuant to different advertisements, contained in annexure 2 series. in accordance with the Rules. A prayer has been also made on behalf of the petitioners for quashing advertisement published in a Hindi daily "Hindustan" on 26.1.1998, issued by the Bihar Public Service Commission (hereinafter to be referred to as 'Commission '), contained in annexure 3, whereby and where under apportions have been invited for appointment to various class III posts, which includes appointment to the posts of VLW/VEW in different Districts of State of Bihar, so far it relates to their appointment only.

(2.) SHORT facts are that Governor of Bihar in exercise of power under Article 309 of the Constitution framed a Rule to be known as 'Bihar Village Level Worker and Village Extension Worker (Recruitment and Condition of Service) Rules, 1987 '. Rule 3 of the Rules provides for constitution of a cadre of VLW/VEW for each of the Districts of the State and such cadre will be District Cadre. Under Rule 4 of the Rules, the strength of cadre lias to be determined by State Government by issuance of orders from time to time. Rule 7 of the Rules provides for method of selection of eligible person for imparting them requisite training, whereafter they become eligible for consideration for recruitment and appointment in different Districts. Under the Rules, the minimum age, which is prescribed, is 18 years and 30 years is the maximum age prescribed as on 1st January in the year of appointment. So far as reserved category persons are concerned, higher age limit has been prescribed. Minimum qualification is matriculation or its equivalent with Mathematics as compulsory subject and good knowledge of Hindi. Selection has to be made by a committee of five persons constituted in terms of Rule 8 of the Rules. The District Magistrate of the concerned District will be ex -officio Chairman of the Committee and its other four members would be Deputy Development Commissioner of the concerned District, Joint Director of Agriculture in the concerned Division, District Agriculture Officer of the concerned District and one person to be nominated by the District Magistrate of the concerned District belonging to Scheduled Caste/Scheduled Tribe from amongst Planning Executive Officers or Block Development Officers. Rule 9 of the Rules provides criteria of selection and training of eligible persons. Power of relaxation in the period of training has been provided in relation to those persons, who are having qualification of graduation in Agricultures Science or other higher qualifications. Upon completion of training, a person is required to appear at the prescribed test and after passing the same, he is entitled to be considered for appointment by the aforesaid selection committee upon any of the aforesaid two posts.

(3.) UPON receipt of the applications, the respective District Magistrates for the reasons best known to them did not take any further steps for holding of the meetings of selection of candidates for being sent for training so as to be eligible for recruitment/appointment to the aforesaid posts. In the meantime, on 26.1.1998 an advertisement was issued by the Commission in Hindi daily 'Hindustan ' circulated from Patna inviting applications from eligible candidates for appointment in different Districts on the posts of Assistants/Clerks, VLW/VEW and Gram Sevika (Village Lady Worker) purporting to act under executive instructions issued by the State Government under its resolution dated 6.12.1995, contained in memo no. 11243 dated 6.12.1995 (annexure 4), by which power to make appointment upon class III posts was vested in the Commission. It appears that according to the aforesaid decision of the Government, the respective District Magistrates communicated the vacancies upon Class III posts specially mentioning therein the vacancies of VLW/VEW to the Commission, which included the vacancies to be fitted up on the posts of VLW/VEW, for which the petitioners had already applied pursuant to the advertisements, referred to above, much before the aforesaid Government decision taken in the year 1995.