VIJAY PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE five writ petitions involving a common grievance on behalf of seven petitioners have been heard together and are disposed of by this common order.

(2.) THE petitioners seek quashing of the final result of selection for the post of lecturer in Government Polytechnics and Mining Institutes under the Science and Technology Department of the State Government, and for consequential reliefs. C.W.J.C. No. 9555/98 has been argued as the leading case and the relevant facts, therefore, are taken from that case.

(3.) THE main grievance in these writ petitions is directed against the selection of such candidates who had failed in the written (screening) Test. It was contended that screening test was part of selection process and those who had failed in such test could not be selected. On behalf of the Commission it was contended that selection was made on the basis of interview and screening was not a part of the selection process, which really began after the screening. It was submitted that in terms of the order of the Supreme Court opportunity had to be given to the part -time lecturers to participate in the recruitment process and to consider their merit on the basis of their work experience as part -time lecturers. Therefore, the fact that some of them did not pass the screening test was immaterial.