IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6985 of 2010
1. SRI SHANKAR DAYAL UPADHAYA S/O LATE KESHWANAND
UPADHAYA R/O 103 KESHWA MALTI ENCLAVE, POLICE COLONY,
ASHIYANA ROAD, P.S.- RAJIV NAGAR, PATNA- 800025
2. SRI BIRENDRA KUMAR S/O LATE RAMCHANDRA PRASAD R/O
P/487 VIDHYAPURI COLONY, P.O. AND P.S.- KANKARBAGH,
PATNA-800020
3. SRI ANAND KUMAR TIWARI S/O LATE RAMPUJAN TIWARI R/O
22 MAGADH BIHAR, P.O.- ANISABAD, P.S.- GARDANIBAGH,
PATNA-800002
4. SRI RAMBRIKSHA PRASAD S/O LATE JAGGU MAHTO R/O
TELECOM ENGINEERS COLONY, MANGAL CHOWK, KHEMNI
CHAK, P.S.- RAMKRISHNA NAGAR, PATNA-800027
5. SRI ARUN KUMAR S/O LATE DHANIK LAL MANDAL R/O LEE
ACADEMY ROAD, FARBISGANJ, DISTT.- ARARIA
6. SRI RAJENDRA KUMAR SINGH S/O LATE HARI NARAYAN
SINGH R/O FLAT NO. 101 PANWASO ENCLAVE, ASHOKPURI,
KHAZPURA, P.S.- RAJIV NAGAR, PATNA- 800014
7. SRI AJAY KUMAR SINHA S/O LATE RAJESHWAR PRASAD R/O
FLAT NO. 201, DEVENDRA APARTMENT, JHUNJHUN MAHAL
ROAD, P.S.- GARDANIBAGH, PATNA-800001
8. SRI NAGENDRA KUMAR PANDEY S/O LATE RAM SUMER
PANDEY R/O 202, KAMALA APARTMENT, NEW BAILEY ROAD,
PATNA
9. SRI RAVINDRA NATH PANDEY S/O LATE HIRDAYANAND
PANDEY R/O C/O KAMLESH KUMAR SINGH, JAYPRAKASH
NAGAR, P.S.- SHASTRI NAGAR, PATNA-800025
10. SRI SUSHIL KUMAR SINHA S/O SRI ANANDI PRASAD R/O
A/14, ANAND VIHAR, ANISHABAD PATNA, P.O.- ANISHABAD,
PATNA-800002
11. SRI VIJAY KUMAR S/O LATE KEDARNATH RAY R/O A/426
A.G.COLONY, P.S.- SHASTRI NAGAR, PATNA- 800023
12. SRI PRAMOD KUMAR VERMA S/O LATE SIDESHWAR PRASAD
VERMA R/O 204 TARA ENCLAVE, KHAZPURA PATNA, P.S.-
VETNARY COLLEGE, PATNA
13. SRI ASHOK KUMAR SINHA S/O RAMNANDAN LAL R/O B/3
HOUSING COLONY, KANKARBAGH, P.S.- KANKARBAGH, PATNA
14. SRI LAL BABU S/O SRI TILAK SINGH R/O MOHALLA-
BIBIGANJ, DANAPUR, DISTT.- PATNA
15. SRI RAMANUZ BARMCHARI S/O LATE SHITAL SINGH R/O
VILL.- BARAYA ISLAMPUR, P.O.- ISLAMPUR, P.S.- ISLAMPUR,
DISTT.- NALANDA
16. SRI NARENDA DEO KUMAR S/O LATE DILIP KUMAR R/O 75
L.I.G. HOUSING COLONY, KANKARBAGH, PATNA
17. SRI CHADRASHEKHAR PRASAD SINHA S/O SRI SHIVNATH
SAHAY R/O SHIVMANI SADAN, AAM BAGICHA, SADHANA PURI,
P.O.- G.P.O. PATNA, P.S.- GARDANI BAGH, PATNA- 800001
18. SRI JANARDAN SINGH S/O LATE BADHO SINGH R/O HOUSE
NO. 276, NEHRU NAGAR, PATNA
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19. SRI SHIVNATH PANDEY S/O LATE RAMRIT PANDEY R/O
VILL.- PIPRA KHURDA, P.O.- PIPRA, P.S.- MAHARAJGANJ, DISTT.-
SIWAN
20. SRI ARUN KUMAR S/O LATE RAMDARSHAN PRASAD R/O
MOHALLA- NEW ALKAPURI, P.O.- ANISHABAD, P.S.-
GARDANIBAGH, PATNA-800002
21. SRI AWADESH KUMAR S/O LATE AKIHELESH NARAYAN RAI
R/O MOHALLA- AYODHAYA PRASAD LANE, MOTI GHIL,
MUZAFFARPUR, P.S.- MUZAFFARPUR SADAR, DISTT.-
MUZAFFARPUR
22. MD. MOJAMMIL HUSAIN S/O SHEKH ATIULLAHA R/O VILL.-
BASWARIA, P.O.- MADHAWAPUR, P.S.- CHIRRYA, DISTT.- EAST
CHAMPARAN
23. ISHWAR NARAYAN SINGH S/O RAJESHWAR SINGH R/O VILL.-
MATAUNA, P.S.- SURSAND, DISTT.- SITAMARHI
24. AJAY KUMAR S/O BRAJ NANDAN PRASAD R/O MOHALLA-
MIRGANJ, NEAR PANI TANKI, P.S.- TOWN ARA, DISTT.- BHOJPUR
(ARA)
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE AND LAND REFORM, GOVT. OF
BIHAR, PATNA
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE AND
LAND REFORM, GOVT. OF BIHAR, PATNA
3. THE PRINCIPAL SECRETARY, DEPARTMENT OF RURAL
DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA
4. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORM, GOVT. OF BIHAR, PATNA
5. THE PRINCIPAL SECRETARY, LABOUR RESOURCES
DEPARTMENT, GOVT. OF BIHAR, PATNA
6. THE DEPUTY SECRETARY, DEPARTMENT OF HOME (SPECIAL),
GOVT. OF BIHAR, PATNA
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2. 16.9.2010 Heard learned counsel for the petitioners
and the State.
The Court in an order passed today in
C.W.J.C. No. 6733 of 2010 and analogous cases, has
noticed that the advertisement dated 6.2.2010 was
specific for the post of Block Development Officer
only.
The petitioners submit that had they been
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aware that the respondents under the advertisement
would make appointments of Circle Officers also,
they would have also applied. Since they were not
interested to work on the post of Block Development
Officer they did not apply. The respondents by
making appointments on posts beyond the
advertisement have violated the constitutional rights
of the petitioner to also apply and be considered in
accordance with law. The illegality continued when
the Rural Department transferred the panel on a
requisition made to the Revenue Department which
proceeded to appoint on the post of Circle Officers
not provided for in the advertisement.
Counter affidavit has been filed on behalf
of the Rural Department only on 29.7.2010. It is not
available on the record. The Court therefore
requested the counsel for the State to make available
his copy for perusal. No counter affidavit has been
filed on behalf of the Revenue Department.
If the advertisement was specific for the
post of Block Development Officer only, a person
desirous for deputation on the post of Circle Officer
only may not have applied, being not interested in
the post of Block Development Officer sanguine that
the advertisement shall not be violated in making
appointments. The moment appointments from a
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panel prepared under such advertisement is made
on a post other than that of Block Development
Officer whether by the Rural Department or the
Revenue Department, Article 14 would step in, in
favour of those who did not apply thinking that the
advertisement was confined to the post of Block
Development Officer only. They would stand
discriminated inasmuch as they were denied the
opportunity to apply and be considered.
Appointment beyond the post specified in the
advertisement is per se arbitrary and needs no
further discussion in law.
In the fitness of things, let this matter be
also disposed off in similar terms as in C.W.J.C. No.
6733 of 2010 and analogous cases which has been
referred for appropriate consideration and decision
in a joint sitting of the Secretaries of the Department
of Rural Development and Revenue and Land
Reforms.
Any further grievance therefore if raised by
the petitioner are for the two Secretaries to examine
in accordance with law.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)