IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.119 of 2007
HARI NATH PANDIT .
Versus
STATE OF BIHAR .
with
MJC No.120 of 2007
AJAY KUMAR SINGH .
Versus
STATE OF BIHAR & ANR .
with
MJC No.121 of 2007
PRADEEP KUMAR BHARTI .
Versus
STATE OF BIHAR & ANR .
with
MJC No.122 of 2007
SHYAM SUNDER TIWARY .
Versus
STATE OF BIHAR & ANR .
with
MJC No.123 of 2007
BRAJESH KUMAR .
Versus
STATE OF BIHAR .
with
C. REV. No.180 of 2009
DISTRICT COLLECTOR,SHEOHAR .
Versus
SHYAM SUNDER TIWARY & ORS .
with
C. REV. No.181 of 2009
DISTRICT COLLECTOR,SHEOHAR .
Versus
AJAY KUMAR SINGH & ORS .
with
C. REV. No.182 of 2009
DISTRICT COLLECOTR,SHEOHAR .
Versus
HARI NATH PANDIT & ORS .
with
C. REV. No.183 of 2009
DISTRICT COLLECTOR,SHEOHAR .
Versus
2
PRADEEP KUMAR BHARATI & ORS .
with
C. REV. No.184 of 2009
DISTRICT COLLECTOR,SHEOHAR .
Versus
BRAJESH KUMAR & ORS .
-----------
For the Petitioners:- Mr. Sunil Kumar Verma, Advocate
For Opposite party No.2:- Mr. Rajiv Roy,Advocate
For Opp-party Nos. 1,3 and 4:- Mr. Gautam Kr. Yadav
Asst. To SC IV
17 15 .09.2010 Applications for initiating proceedings
of contempt against the Opposite parties,
specially the District Magistrate-cum-Collector,
Sheohar were filed by the petitioners for his
willful, conscious, violation and non-compliance
of the order dated 17.10.2006 passed in CWJC
No. 12350 of 2004 heard analogous with CWJC
No. 12349 of 2004, CWJC No.12257 of 2004,
CWJC No. 12312 & CWJC No. 12346 of 2004.
The writ applications have been filed
by the petitioners for a direction to the
respondents to initiate selection process for
appointment of village level worker (VLW)/
Village Extension Worker (VEW) in the district
of Sheohar. Prayer of the petitioners was to
3
consider their candidatures in terms of the
observations/directions passed in CWJC No.
2425 of 1998 disposed off by order dated
2.9.1998 and finally affirmed by orders passed
in LPA No. 1555 of 1999 and LPA No. 767 of
2001. The writ applications were filed by the
petitioners, since, despite existing vacancies in
the district of Sheohar on the post of V.L.Ws
and V.E.Ws process for appointment was not
being initiated, despite specific direction of this
Court, simply on the ground that the Bihar Jan
Sewak & Gramin Prasar Karya Karta ( Bharti
Aivam Sewa Shartein) Niyamawali, 1987 has
been amended. In the writ applications the
respondent District Magistrate had filed counter
affidavit admitting the vacancies on the post of
V.L.Ws and V.E.Ws in the district of the
Sheohar. As per the statement in the counter
affidavit, existing vacancies of VLW was 24 and
vacancy for the post of VEW was 27. The
superior authorities of the State also admitted
4
the position of vacancies in the district of
Sheohar. The writ applications were disposed of
as the counsel appearing for the State made a
submission that vacancies have already been
identified and the process of appointment has
been initiated. Considering this submission the
District Magistrate, Sheohar was directed to
advertise posts inviting applications against
existing vacancies by Ist week of November,
2006 and complete all process of appointment
including issuance of appointment letters by
31st of January, 2007. Since nothing was done
despite the expiry of the time schedule as per
the direction of the High Court and no process
of appointment was initiated, as such contempt
applications were filed in the year 2007 for
initiating proceeding of contempt against the
Opposite parties- contemnors.
In the first show cause filed on
behalf of the District Magistrate-cum-Collector,
Sheohar, it is clearly stated that for complying
5
the direction of this Court he sought for
direction from the Secretary, Department of
Personnel and Administrative Reforms,
Government of Bihar, Patna about the
procedure for appointment. The District
Magistrate, Sheohar again sought for a
direction from the Secretary, Department of
Personnel and Administrative Reforms, Govt. of
Bihar, Patna as he received letter No.1587/Aa
dated 20.12.2006 from the Joint Secretary,
Bihar Staff Selection Commission for reporting
the vacancies of V.L.Ws. and V.E.Ws. The
stand taken by the District Magistrate, Sheohar
was that since the Bihar Staff Selection
Commission had already initiated the process of
appointment of V.L.W. and V.E.W. on account
of amendment in the Jan Sevak Recruitment
Rules 1987 vide letter no. 6864 dated
14.7.2006 issued by the Personnel and
Administrative Reforms Department, as such
the District Magistrate was not empowered to
6
make selection or appointment. The
appointment could have been made only by the
Bihar Staff Selection Commission; as such the
vacancies were reported to the Staff Selection
Commission for initiating the process of
selection.
All writ applications had been disposed off vide order dated 17.10.2006,
subsequent to the amendment brought in the
appointment process, as stated in the counter
affidavit, but this fact was never brought to the
notice of the Court by filing any counter
affidavit during the pendency of the writ
application, or after disposal of the writ
application any modification application had
been filed by the respondent/State for
modification of the order dated 17.10.2006.
What is surprising that District Magistrate was
seeking direction from Secretary Department of
Personnel and Administrative Reforms, for
complying the direction of the High Court and
7
did not think it proper to seek
modification/clarification from the High Court?
Considering this fact the District Magistrate,
Sheohar was directed to remain physically
present in Court on 9.9.2009. Finding it to be a
clear case of contempt, since till the date no
process of appointment had been initiated. The
District Magistrate on his appearance on
9.9.2009 has apprised the Court that process
of appointment has been initiated on
17..7.2009 by publishing advertisement in the
daily newspaper “Hindustan Vernacular”
language and there is all possibility that by
10th of November, 2009 entire selection process
will be completed and the appointment letters
will be issued to the selected candidates.
Subsequent to that the petitioners filed
supplementary affidavit on 5.11.2009 stating
that the District Magistrate, Sheohar has asked
them to furnish the matriculation certificate
within two days when they all are Agricultural
8
Graduates and as per the Rule the Agricultural
Graduates can be directly appointed on the
sanctioned/vacant posts in case the vacancies
are to be filled and voluntarily they have
applied for appointment on the post. This
supplementary affidavit was filed as the
petitioners were apprehensive of this fact that
despite their eligibility the District Magistrate
may play some game and they may remain
deprived of being selected for the post. The
District Magistrate was again asked to submit
show cause and in the supplementary show
cause. The statement made by the Opposite
party no.2 made it clear that apprehension of
the petitioners was true and they were not
selected for the post. The District Magistrate
was asked to file supplementary show cause. In
the supplementary show cause it was stated
that the case of the writ petitioners were
considered as per provisions laid down under
Bihar Jan Sewak and Gramin Prasar Karya
9
Karta (Bharti Avam Sewa Sharten) Niyamawali,
1987. Since all these five petitioners had lesser
marks in matriculation than the selected
candidates, which was the basic educational
qualification for selection of the Jansevak, as
such petitioners could not be selected for the
post. This was nothing but simply an eye-wash
and the petitioners by filing supplementary
affidavit brought on record the letter of the
Deputy Secretary to the Government
Department of Agriculture contained in
circular no. 415 dated 6.4.1988 addressed to all
District Magistrates and Deputy Development
commissioners. This letter contained direction
to be followed in the matters of appointment on
the post of V.L.W. and V.E.W. and the village
Extension worker, in case Agricultural
Graduates have also applied for the post. This
letter indicated that candidates having
agriculture degree from Agricultural
Universities, who are residents of Bihar, can be
10
appointed directly even without appearing in
the examination, if they fulfilled all other
requisite criteria. The petitioners are
Agricultural Graduates but their cases were not
considered on a frivolous ground that in the
matriculation examination they had lesser
marks than the selected candidates, ignoring
this fact that all the petitioners had better
qualification than the selected candidates, as
they are Agricultural Graduate.
The District Magistrate, Sheohar
thereafter filed another affidavit stating that
Clause 2 of Rule 7 of the Rule 1987 prescribed
for education qualification for appointment to
the post of Jansewak and Village Extension
Workers, according to which, the minimum
educational qualification is matriculation or any
equivalent degree from the recognized
University/ Board. Since this is the basic
qualification, as such the candidates having
higher marks in the matriculation were given
11
preference. It was also stated that an earlier
circular bearing no. 415 dated 6.4.1988 issued
under the signature of the Secretary to the
Government Agriculture Department was
slightly modified vide circular no. 9133 dated
6.8.1988, whereby only those Agricultural
Graduates who have passed out from any
Agricultural Universities of Bihar were to be
given such preference. When this matter was
verified from the Director, Agriculture there was
no positive answer. In fact the affidavit filed on
behalf of Director, Agriculture Bihar, Patna
indicated that as per Niyamawali 1987 the
Agriculture Director has no role to play in
selection of VLWs and VEWs. As per the rule, it
is the responsibility of District Magistrate and
even in the writ application direction was also
to the District Magistrate to complete the
process for appointment within the stipulated
time, as such it was the responsibility of the
District Magistrate to comply the direction.
12
Regarding Subsequent modified circular No.
9133 dated 6.6.1988, there was complete
silence in the show cause filed by the Director.
Counsel for the petitioners submits
that circular No. 9133 dated 6..8.1988 never
came in existence, despite this fact the
petitioners’ eligibility and qualification for the
post of Jansevak and Village Extension Worker
as against the claim of other suitable
candidates was willfully ignored by the District
Magistrate and the Members of the Selection
Committee. Circular No. 415 dated 6.4.1988
attaches superiority to the qualification of
Agricultural Graduate, which was ignored by
the Collector as head of the Selection
Committee. The Opposite party no.2, having full
knowledge about the existing selection process
and guidance to be followed, willfully disobeyed
the direction of High Court in the writ
application. Non consideration of petitioners’
candidature is an instance of willful non
13
compliance of the direction of the High Court.
Entire circumstances of the case make it
a case of contempt. The District Magistrate,
Sheohar was adamant not to comply the
direction of the Court, due to his personal
vengeance, for the reason best known to him,
as such he managed to ignore the candidature
of petitioners. It has also been submitted by the
petitioners’ counsel that on the basis of Circular
no. 415 dated 6.4.1988 in all other district of
Bihar preference have been given to the
Agricultural Graduates in appointment to the
post of VLW and VEW, without this
consideration whether they have obtained their
Agriculture degree from Agriculture Colleges of
Bihar or elsewhere only consideration being
that they are agriculture graduates and
residents of Bihar. It has also been submitted
by the petitioners Counsel that in the counter
affidavit of the writ application the total
vacancies on the post of VLW was 24 and on
14
the post of VEW was 27 as disclosed by the
District Magistrate, Sheohar, but only nine
posts of VLW were advertised and the selection
has been made only against 9 vacancies. This
also shows willful disobedience of the direction
of the Court.
I.A. No. 2338 of 2010 has been filed
on behalf of nine selected candidates, for being
impleded as Intervenors/Opposite party
because on account of pendency of the
contempt application all 9 selected candidates,
who have already joined on their posts, have
been terminated without following principle of
natural justice.
On consideration of the entire facts and
circumstances of the case, it is obvious that
right from beginning the District Magistrate,
Sheohar has shown his reluctance in
compliance of the direction of the Court. The
writ applications were disposed off in the year
2006. Till 2009 even the process for selection
15
had not been initiated. Only when the District
Magistrate was asked to appear personally in
Court, then he initially tried to shift his
responsibility on the Staff Selection
Commission in the name of amended
appointment Rules. When he failed to succeed
in it, then in September, 2009 for the first time
he advertised vacancies of the posts. Total
Vacancies which were disclosed in the counter
affidavit, for that advertisement was not
published but only for a fraction of the total
vacancy advertisement was published. In
violation of the Government’s own direction to
give priority to the Agricultural Graduates for
appointment on the post of VLW and VEW, in
case they voluntarily applied for such posts, the
District Magistrate taking plea of basic
qualification being matriculation, denied
appointment to agricultural graduates like,
petitioners. There was no direction or any
observation of this Court that the selected
16
candidates should be terminated, but illegally
selected candidates were terminated. All actions
on the part of the District Magistrate, Sheohar
is illegal and contemptuous. It is true that
there was no direction to issue appointment
letters in favour of the petitioners, but there
was direction to advertise vacancies and
complete process of selection as per rule, within
schedule time. None of these directions were
completed, properly and legally.
An opportunity is being given to the
District Magistrate, Sheohar to advertise
remaining vacancies, consider cases of
petitioners and similarly situated persons for
appointment in the light of 1987 Rules as well
as letter No. 415 dated 6.4.1988. The remaining
vacancies must be filled up within six months
from the date of this order and a compliance
report must be submitted before this Court.
The counsel appearing for Opposite party no.2
has submitted that in a contempt proceeding,
17
there is no scope for giving further direction but
that is not correct.
Put up this matter again under the
same heading on 13th of March, 2011.
So far the termination letter issued
against the selected candidates are concerned,
as informed, have already challenged their
termination order by filing writ applications, as
such it will be decided on its own merits.
The Civil Review applications filed by
the Opposite party no.2 and other are
dismissed.
Akumar ( Mridula Mishra, J.)