MD.MUSTAQUE AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS case relates to appointment against Class IV posts in the Sate of Jharkhand. The respondent Deputy Commissioner, Hazaribagh, vide notice, published in the daily newspaper 'Hindustan ' dated 12th December, 2004 fixed 26th December, 2004 as the date to hold written test for appointment against Class IV posts. According to the petitioners, written test for appointment against Class IV post not being permissible, they have challenged the aforesaid notice.

(2.) THE case of the petitioners is that they are Ummidbar peon, empanelled since 1991 and are eligible for appointment against Class IV posts on preferential basis over the outsiders, in terms with the judgment, rendered by this Court and the policy of the State Government. But with a view to exclude them, the Deputy Commissioner, Hazaribagh, has issued the impugned notice to hold written competitive test for appointment against Class IV posts.

(3.) BY letter No. 3/R -103/73 Ka -6441 dated December 3, 1980, the State of Bihar from its Personnel & Administrative Reforms Department issued guidelines to fill up Class IV posts of Mufassil Offices of the State. It was decided to fill up the posts through a Selection Committee, known as District Level Appointment Committee, under the Chairmanship of the Deputy Commissioner of the District. It was directed to call for the names from the Employment Exchange. No minimum qualification was laid down in the said guidelines except that the persons should be literate and in the case of male candidate, he should have knowledge of cycling. Subsequently, a separate guideline was issued to the effect that Class IV posts should be filled up by publishing notice, in the Newspaper. By Resolution, circulated vide Memo No. 3/M1 -1069/88 (Part) Ka 5940/Patna 15, dated June 18, 1993 the State Government while decided to terminate the services of those daily wages employees, appointed after 1st August, 1985, further decided to give preference to those daily wage employees over the outsiders, appointed prior to 1st August, 1985 and have completed 240 days of service. For the first time, passing of Class VIII was prescribed as qualification for appointment on Class IV post vide letter no. 3/M1 -101/97 -Ka 3577, dated April 25, 1997, issued from the Personnel and Administrative Reforms Department, Government of Bihar. It was mentioned that the candidate should have passed at least Class VIII examination but should not have possessed the qualification of more than Matriculation i.e. Secondary School Examination. Apart from the aforesaid qualification, it was informed that the candidate should be of sound health and must be having the knowledge of cycling, enrolled with the Employment Exchange. It was further ordered to give weightage to those daily wage employees, who have been empanelled and to give preference to the aged candidates over the youngsters, if two or more are found equal.