IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.905 of 2010
IN
CWJC 5752 OF 2010
WITH
I.A. NO. 4984 OF 2010
IN
LETTERS PATENT APPEAL No.905 of 2010
==========================================
RANJIT KUMAR S/O SHRI INDRADEO PRASAD R/O
VILL.- MAHADEVPUR, P.S.- PARAIYA, DISTT.-
GAYA
Versus
1. ARUN KUMAR S/O LATE RAM NARESH SINGH R/O
BHUSHAN LANE, EAST LOHANIPUR, P.S.-
KADAMKUAN, DISTT.- PATNA
2. THE STATE OF BIHAR, THROUGH THE TRANSPORT
COMMISSIONER, NEW SECRETARIAT, PATNA
3. THE SECRETARY, BIHAR STAFF SELECTION
COMMISSION, PO VETERINARY COLLEGE, PATNA
4. THE CHAIRMAN, BIHAR STAFF SELECTION
COMMISSION, PO VETERINARY COLLEGE, PATNA
5. THE MEMBERS OF RE-SCRUTINY COMMITTEE, BIHAR
STAFF SELECTION COMMISSION, PATNA UNDER
THE CHAIRMANSHIP OF THE SECRETARY
==========================================
with
LETTERS PATENT APPEAL No.906 of 2010
IN
CWJC 6229 OF 2010
WITH
I.A. NO. 4986 OF 2010
IN
LETTERS PATENT APPEAL No.906 of 2010
=========================================
UPENDRA RAO S/O LATE ARJUN RAO R/O
RATAUL, P.S. CHOTERBA, DISTT.- WEST
CHAMPARAN
Versus
1. BRAJESH KUMAR S/O SRI PRAMOD KUMAR R/O
VILL.+P.O.- MAN, P.S. TEKARI, DISTT.- GAYA
2. THE BIHAR STAFF SELECTION COMMISSION, PATNA
THROUGH ITS SECRETARY, HAVING OFFICE
UNDER PO VETERINARY COLLEGE, PATNA-800014
3. THE CHAIRMAN, BIHAR STAFF SELECTION
COMMISSION, PO VETERINARY COLLEGE, PATNA-
14
2
4. THE STATE TRANSPORT COMMISSIONER, GOVT. OF
BIHAR, PATNA
==========================================
with
LETTERS PATENT APPEAL No.910 of 2010
IN
CWJC 5965 OF 2010
WITH
I.A. NO. 5037 OF 2010
IN
LETTERS PATENT APPEAL No.910 of 2010
==========================================
UPENDRA RAO S/O LATE ARJUN RAO R/O
RATAUL, P.S. CHOTERBA, DISTT.- WEST
CHAMPARAN
Versus
1. HARENDRA KUMAR S/O LATE H.P.SINGH R/O
MOHALLA KUNWAR SINGH NAGAR, JANTA ROAD,
NEW YARPUR, P.S. GARDANIBAGH, DISTT.- PATNA
2. THE CHAIRMAN, BIHAR STAFF SELECTION
COMMISSION, VETERINARY COLLEGE, PATNA-
800014
3. THE SECRETARY, BIHAR STAFF SELECTION
COMMISSION, VETERINARY COLLEGE, PATNA-14
4. THE EXAMINATION CONTROLLER, BIHAR STAFF
SELECTION COMMISSION, VETERINARY
COLLEGE, PATNA-14
==========================================
Appearance:
In LPA No.905 of 2010
For the Appellant : Mr. Y.V. GIRI, Sr. Advocate
Mr. SANJEEV KUMAR, Adv.
Mr. PRANAV KUMAR, Adv.
For the Respondent:Mr. P.K.SHAHI, AG
Mr. S.S. SUNDARAM, Adv.
In LPA No.906 of 2010
For the Appellant:Mr. Y.V. GIRI, Sr. Advocate
Mr. SANJEEV KUMAR, Adv.
Mr. PRANAV KUMAR, Adv.
For the Respondent Ist Set: Mr. ARUN KUMAR
For the Intervenor:Mr. ASHOK KUMAR CHAUDHARY
Mr. RAMNATH SINGH
In LPA No.910 of 2010
For the Appellant : Mr. ABHAY KUMAR SINGH,
Sr. Advocate
Dr. ANIL KUMAR UPADHYAY
3
For the Respondent no. 1: Mr. MUKUND JEE
Mr. RAJIV KRISHNA BARIAR
For the Respondent-State: Mr. P.K. SHAHI, A.G.
Mr. S.S. SUNDARAM
==========================================
CORAM:HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
05. 01.09.2010 These three Appeals under Clause 10 of the Letters
Patent are preferred by the intervenors against the judgment and
order dated 23rd April 2010 passed by the learned Single Judge
in C.W.J.C. No. 5752 of 2010 and against the common judgment
and order dated 26th April 2010 passed by the learned Single
Judge in C.W.J.C. No. 6229 of 2010 and C.W.J.C. No. 5965 of
2010.
Without going into the issue whether the Appeals at
the hands of the intervenors are maintainable or not, We decide
the matters on merit.
The subject matter of dispute is the recruitment of
Motor Vehicle Inspectors pursuant to the advertisement dated
17th August 2007. It appears that every candidate applying in
answer to the advertisement has his own interpretation of the
recruitment rules and has his own sense of propriety in respect of
the recruitment procedure. The recruitment to the posts of Motor
Vehicle Inspector in the State of Bihar is governed by the Bihar
State Transport (Technical) Cadre Rules, 2003. Part 3 of the
said Rules provides for recruitment for appointment to the post
4
of Motor vehicle Inspector. Rule 5 of the said Rules provides for
eligibility including educational qualification, experience and
other requirements.
In our opinion, the Rules are clear and
unambiguous. There shall not be any dispute in respect of the
interpretation of the Rules. It is bounden duty of the State/
recruiting agency namely, the Bihar Staff Selection Commission
to make recruitment in consonance with the statutory Rules. By
order dated 21st May 2010 made on three Letters Patent Appeals,
this Court has issued necessary directions for re-scrutinizing the
driving license; for holding interview for driving test and to
make selection and appointment.
In our opinion, the aforesaid order dated 21st May
2010 shall be an end to the issues involved in these Appeals. No
further order is required to be made. The respondents State of
Bihar and the Bihar Staff Selection Commission will complete
the recruitment process strictly in consonance with the
recruitment Rules and the direction issued on 21st May 2010.
Subject to the above direction, all the Appeals and Applications
are disposed of.
(R.M. Doshit, CJ.)
(Jyoti Saran, J.)
S.Sb/-