LAWS(PAT)-1989-7-17

AMARENDRA KUMAR SINGH Vs. STATE OF BIHAR

Decided On July 26, 1989
AMARENDRA KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioners, who are I.Sc. B. A. were candidates for the post of Range Officer of Forest in the year 1982, pursuant to an advertisement dated 10th March 1982, of the Bihar Public Service Commission (Annexure 1). They appeared at a written test and interview and were finally selected. The said advertisement was for the Sessions 1983-85 and 1983-84. The minimum qualification prescribed for the candidates was Intermediate, but the subjects required to have passed at the Intermediate stage clearly establish, so far as this state is concerned. Intermediate in Science. The advertisement further required that after the candidates are recommended by the Service commission, they shall have to undergo a training, and after completion of their training, they will be given regular appointment and will be fitted to different scales, dependent on the result ot the training.

(2.) It is submitted on behalf of the petitioners that where as those candidates who are B. Sc. are required to take one year training, but the petitioners who are I. Sc. B. A. are being asked to take two years training. This is discriminatory, as the advertisement (Annexure-1) envisages that fitment of the trainees to different scales if pay will be on the basis of the result obtained in the training. As such, the decision to postpone the appointment of I.Sc. B A. candidates by one more year makes then junior to 1. Sc. B. Sc. candidates. This is not only against the spirit of the advertisement, but is violative of Articles 14 and 10 of the Constitution ol India. This is the only point pressed in this writ petition.

(3.) In paragraph 5 (d) of the counter affidavit filed on behalf of the respondents, it is stated that the Government of India introduced condensed course of one year for those who are B. Sc. candidates, and those who are I.Sc., B.A., B.Com. are required to take training for two years to bring them to equal standard. The Government of India, however, has now decided that the duration of Ranger's course should be of two years from the next batch on wards.