SHANKAR SINGH Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONERS in these writ applications as also interlocutory applicants had served as candidate peon/daily wagers in the Collectorate at Gopalganj or its attached offices or other Government offices, including Government schools and hospitals situate within the district of Gopalganj. They had submitted application for being considered for appointment on Class -IV post in the light of the Advertisement dated 14.6.2001, as contained in Annexure -3 appended with C.W.J.C. No. 10444 of 2005. After consideration of the case of the applicants, a panel was prepared, which is dated 20.7.2004 and is contained in Annexure -5 appended with C.W.J.C. No. 10444 of 2005. In the light of the panel, Annexure -5, petitioners of C.W.J.C. Nos. 12409 and 13122 of 2005 have been issued with orders of appointment and those orders have been challenged by filing C.W.J.C. No. 10444. of 2005, as contained in Annexures -6 and 7 to the said writ case. It is contended that the appointment letter in the light of the panel. Annexure -5 has been issued taking into account the accumulated vacancies for the reserved classes, which is not permissible in the light of the contents of the advertisement, the advertisement was issued for preparing a panel considering the length of engagement as Candidate Peon/daily wager and there was hardly any occasion for issuing appointment orders by applying the sub -section (6) of Section 4 of the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as the Act) and treating the available vacancies as accumulated vacancy for the reserved classes. Appreciating such submission, this Court, by passing interim order, stayed further appointment and in the light of the interim order passed by this Court, those who have been included in the orders, Annexures -6 and 7, were not allowed to join. Petitioners in C.W.J.C. Nos. 13122 and 12409 of 2005 have filed the writ application for direction to the State -respondents to go ahead with the order of appointment, Annexures -6 and 7, as the panel, Annexure -5 and the appointment orders, Annexures -6 and 7 have been issued in compliance of the direction of the High Court in the M.J.C. application referred to in the advertisement, Annexure -3. Petitioners in C.W.J.C. No. 12774 and 13363 of 2005 have come to this Court with prayer to direct the authorities to reconsider their position in the panel, Annexure -5, as while including them in the panel, they have not been given benefit of entire length of engagement rendered by them as candidate peon/daily wager and until their position in the panel is corrected, not to give effect to the appointment orders, Annexures -6 and 7. As the prayer made in C.W.J.C. Nos. 10444 of 2005, 12774 of 2005 and 13363 of 2005 run counter to the prayer made in C.W.J.C. Nos. 13122 of 2005 and 12409 of 2005, these matters have been heard together and the State -respondents have filed counter affidavit and several supplementary counter affidavits. In paragraph 8 of the first supplementary counter affidavit filed in C.W.J.C. No. 10444 of 2005, the deponent has admitted that there has been mistake in preparing the panel as several candidates, who were over/underage and lacked the required qualification have been included in the panel. In paragraph 9 of the said supplementary counter affidavit, it was further admitted that the panel has been prepared contrary to the instructions of the Government contained in the resolution of the State, bearing No. 16441 dated 3.12.1980 as the persons, who had no knowledge of cycling and did not possess the minimum qualification and were over/underage on the cut off date, have been included in the panel.

(3.) IT is relevant to point out that the resolution of the State, bearing No. 16441 dated 3.12.1980 empowers the Collector of the District to prepare the panel for appointment on Class -IV post in the Collectorate, attached offices and Government offices, including School(s)/Hospitals as also provides for the guidelines for such empanelment. In the light of the aforesaid admission of the authorities made in paragraph nos. 8 and 9 of the supplementary counter affidavit, the Court ought to have disposed of the writ applications by setting aside the panel, Annexure -5 and the orders of appointment, Annexures -6 and 7, but the matter was kept pending with liberty to the State - respondents under order dated 23.4.2007, passed by Aftab Alam, J. as his Lordship then was in presence of counsel for I.A. No. 2517 of 2007 who was permitted to participate in the subsequent proceedings, to come out with fresh panel and the said panel is contained in Annexure -C to the 4th supplementary counter affidavit in which all those who are petitioners in these writ applications have been included, but the invervenors, namely, the applicants in I.A. Nos. 2517 of 2007,1086 of 2008. and 4479 of 2009 have been left out, although the invervenors claim that they have also served the Collectorate, attached offices or the Government offices in the capacity of candidate peon/daily wagers within the district of Gopalganj and ought to have been considered and included in the panel, Annexure -C.