IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9575 of 2008
Md.Sarfaraz Ansari, S/o-Md. Moiz Ansari, R/o-Vill. & P.O.-Dahuwa,
P.S.-Bounsi, District-Banka. -Petitioner.
VERSUS
1. The State of Bihar.
2. The Bihar Staff Selection Commission, Patna.
3. The Chairman, Bihar Staff Selection Commission, Patna.
4. The Secretary, Bihar Staff Selection Commission, Patna.
5. The Director-in-Chief, Health Services, Health Department, Bihar, Patna.
6. The Director, Health Services, Health Department, Bihar, Patna.
7. The Civil Surgeon-cum-Chief Medical Officer, Katihar, District-Katihar.
8. The District Magistrate, Katihar. -Respondents.
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12 04.04.2011 The petitioner has come to this Court for issuance of an
appropriate writ for implementing the recommendation, as made in his
favour, by the Bihar Staff Selection Commission (hereinafter referred
to as the Commission) as far back as on 28.08.2006 for considering the
appointment of petitioner as a driver. This writ petition has been
pending for over three years and counter affidavits have been filed but
they really do not solve the problem. They are denials, half
admissions and vague. However, factual position is clear and,
therefore, I do not propose to prolong the matter any further and I am
disposing of this writ petition after hearing the parties.
The Commission has been established with the
statutory duty to make selection of employees who at that time were
having pay scale of Rs.6500/-. Here we are concerned with post of
driver which falls within the jurisdiction of the Commission.
It appears that vide Memo No.982 dated 15.09.2004 the
District Magistrate-cum-Collector, Katihar sent a requisition to the
Commission for making selection, inter alia, of drivers which was
meant for Health Department. There were other posts also. The letter
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clearly shows that it was in relation to various vacancies in the district
itself. The letter is annexed as Annexure-A to the counter affidavit
filed on behalf of the Commission. It is pursuant to the aforesaid
requisition which was then forwarded also by the Revenue and Land
Reforms Department to the Commission. The Commission issued
advertisement being Advertisement No.1404/1605 and made selection.
After making selection two drivers were selected including the
petitioner and on 28.08.2006 (Annexure-7). The Commission made
his recommendation to the Civil Surgeon, Katihar for appointing the
petitioner as a driver, as is evident from Annexure-8, the letter of Civil
Surgeon, Katihar dated 04.12.2006 to the Director-in-Chief, Health
Services, Government of Bihar, Patna. Having received the said
recommendation, he informed the Director-in-Chief, Health Services
that driver not being Class-IV employees Civil Surgeon was not
competent to appoint, as such, Director-in-Chief may take such a
decision in that regard. Once the matter was, thus, referred. It
appears that it has gone into hibernation. It is to resort the situation
the present writ petition has been filed.
The Commission in its counter affidavit has clearly
given out that it is on the requisition received from the District
Magistrate-cum-Collector in respect of vacancies in the district that it
undertook the exercise and made recommendation. Clarification was
also sought for by the Civil Surgeon and given. The Civil Surgeon has
filed a counter affidavit. A counter affidavit has also been filed on
behalf of the Director-in-Chief, Health Services, Government of Bihar,
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Patna. Here the Director-in-Chief totally pleads ignorance of the
requisition made by the district Collector in respect of all vacancies in
the district. The stand is that the Civil Surgeon had made no
requisition and, as such, the Commission could not have made the
selection and could not have sent it to the Civil Surgeon for
appointment. It is further pointed out that before appointing various
other formalities is to be made like roaster clearance etc. but there is
not a single mention whether there is exist vacancy or not.
In my view, everyone is trying to skirt the real issue
though they understand it. The Collector clearly sent the list of
vacancies in various departments in the district. Those vacancies
could have been known to the Collector only upon information given
by the Civil Surgeon and others. It is not the stand of anybody that
Civil Surgeon had not notified the vacancies to the Collector. It is
apparent that knowing this fact, the pleadings are that the Civil
Surgeon being the appointing authority had made no requisition to the
Commission which has come only after that.
Be that as it may, there being no denial that there is no
vacancy and there being no denial that petitioner was selected pursuant
to advertisement duly issued by the Commission and after having
undergone the selection process, it cannot be said that the said
exercise carried out by the Commission was an exercise in futility. A
recommendation having been made after due selection process, it is
incumbent upon the Director-in-Chief, Health Services, Government
of Bihar, Patna to ensure that the vacancy that had occurred or the
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vacancy, if any, of a driver in the office of the Civil Surgeon or under
the control of the Civil Surgeon, Katihar is filled up by the
recommendation as made by the Bihar Staff Selection Commission,
after getting roaster clearance and other formalities as required by law,
within a period of three months from the date of production of a copy
of this order before the Director-in-Chief, Health Services,
Government of Bihar, Patna. It shall be the responsibility of the
Director-in-Chief, Health Services, Government of Bihar, Patna to
ensure proper and timely compliance of the order of this Court.
With the aforesaid observations and directions, the writ
petition stands disposed of.
Trivedi/ (Navaniti Prasad Singh, J.)