High Court Patna High Court - Orders

Chintamani Mandal &Amp; Ors vs The State Of Bihar &Amp; Ors on 17 January, 2011

Patna High Court – Orders
Chintamani Mandal &Amp; Ors vs The State Of Bihar &Amp; Ors on 17 January, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.12071 of 2010
          1.    Chintamani   Mandal,    S/o   Gobind    Mandal,   R/o
                Sachidanand Nagar, P.S. Zero Mile, District
                Bhagalpur
          2.    Vimlesh Vibhuti Ranjan, son of Sri Jagadish
                Narayan Sinha, resident of Sikandarpur Kundul near
                R.S. College, P.S. and District Muzaffarpur
          3.    Jayant Ajat Shatru, son of Sri Ajat Shatru,
                resident of G-2, P.C Colony, Lohiya Nagar, Rajni
                Path, Kankarbagh, Patna.
          4.    Shailendra Kumar Tiwary, son of Sri Narad Tiwary,
                resident of Majhauliya Road, Muzaffarpur, P.S. and
                District Muzaffarpur
          5.    Dr. Manoj Kumar S/o Prof. Mithilesh Sharma,
                resident   of   Mohalla    Chhakkar    Maidan,   P.S.
                Muzaffarpur Sadar, District Muzaffarpur.
          6.    Pramod Kumar, son of Sri Raj Kumar Prasad,
                resident of L.I.C. Colony, P.S. Zero Mile,
                District Bhagalpur.
          7.    Shashank Shekhar, son of Rai Satish Chandra Jha,
                resident of Surkhi Ka Road, P.S. Tilka Manjhi,
                District Bhagalpur.
          8.    Pramod Kumar Singh, son of Ramjatan Prasad Singh,
                resident of Bharat Niwas, Ishwar Nagar, P.S. Ishak
                Chak, District Bhagalpur........................................Petitioners
                                          Versus
          1.     The State Of Bihar, through the Secretary to the
                 Government, Department of Science and Technology,
                 Bihar, Patna.
          2.     The   Director,    Department     of   Science   and
                 Technology, Government of Bihar, Patna.
          3.     The    Principal,    Muzaffarpur     Institute    of
                 Technology,    Muzaffarpur,     P.S.    &   District
                 Muzaffarpur.
          4.     The Chairman, Bihar Public Service Commission,
                 Bailey Road, Patna...............................................Respondents
                                  -----------

2 17.01.2011 Heard learned counsel for the

petitioners as well as learned counsel for

the respondents.

As per the petitioners’ case, they

have worked as Part-Time Lecturers on

contract basis with Muzaffarpur Institute
2

of Technology (MIT), Muzaffarpur since over

five years. Now the posts of Lecturers are

going to be filled up through open

advertisement on regular basis. They have

also applied for their selection and

appointment as regular Lecturers under the

Science and Technology Department.

Petitioners’ grievance is that though they

worked with the Department as Part-Time

Lecturers for over five years, weightage of

their experience is not likely to be given

to them for the same.

Learned senior counsel for the

petitioners has produced a document

obtained by him under the Right to

Information Act. This shows that in

academic marking on technical posts, four

marks for each year of experience, in

addition to the minimum prescribed

qualifications and experiences, are fixed

subject to the maximum of 20 marks.

In view of this resolution for

giving weightage to experience, petitioners

should not have any apprehension with

regard to ignorance of their experience

with the Department. Needless to say that
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if the Department has taken a decision to

give weightage to the candidates who served

the Department, weightage should be given

to the petitioners also.

The writ application is disposed of

with the aforesaid observations and

directions.

(J. N. Singh, J.)
BT