IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9531 of 2006 VIKAS RANJAN Versus THE STATE OF BIHAR & ORS ----------- 07. 15.03.2011 Heard learned counsel for the petitioner and the State as well as the counsel appearing for the B.P.S.C. An advertisement was published by the B.P.S.C. for direct appointment against Class – III posts in different regional Offices in the State of Bihar, which was said to be the first Regional Competitive Examination. So far vacancies to be filled through this Competitive Examination are concerned, the number of vacancies were called from each district and vacancies of each district was advertised through a separate advertisement number. The vacancies of Class – III posts, to be filled up in the district of Muzaffarpur, was advertised through Advertisement No. 20/98. The District Magistrate, Muzaffarpur had requisitioned for 106 posts. The petitioner, belonging to Scheduled Caste Category had also applied for appearing in the first Regional Competitive Examination, 1998 against the vacancies in the district of Muzaffarpur. He was declared successful in the PT Examination, held by 2 the B.P.S.C. and also declared successful in the Main Examination, held in the year 2002. The result of successful candidate was published on 26.07.2002 and their names were recommended by the B.P.S.C. for issuance of appointment letters by the competent authorities against the vacancies for which the B.P.S.C. had conducted Examination. The name of petitioner had also been recommended for appointment, vide letter no. 1056, dated 16.01.2003. The petitioner was waiting for issuance of the appointment letter, but he did not receive any appointment letter. Petitioner made query at different levels, but could not get any information regarding the delay in issuance of appointment letter. Subsequently, he came to know that vacancies against which recommendations have been made by the B.P.S.C. are being filled up by way of absorption of retrenched employees as well as by way of compassionate appointment. Petitioner, thereafter, also came to know that the number of vacancies, against which recommendations were made by the B.P.S.C. are being reduced and those are being filled illegally by the Respondents. He also came to know that some similarly situated persons 3 have knocked the doors of High Court and considering direction in their favour they have received their appointment letters. Petitioner left with no other remedy, has filed this Writ Application for a direction to the Respondents for issuance of appointment letter in his favour as per the recommendation of B.P.S.C. Petitioner’s case is that he was declared successful, and his named was recommended against the vacancies, reserved for Scheduled Caste as such appointment letter be issued in his favour on the basis of panel, prepared with respect to Advertisement No. 20/98. The District Magistrate, Muzaffarpur filed his first Counter Affidavit, in which he has admitted that the number of vacancies, for which initially recommendations were made, was 106. But, on account of the delay in conducting examination by the B.P.S.C., some of the vacancies were filled by way of compassionate appointment and some of the posts were filled by absorbing the retrenched employees of census operation. Number of vacancies, accordingly reduced and proper intimation was given by the District Magistrate to the B.P.S.C. The B.P.S.C., overlooked those intimations 4 and recommended names of 106 candidates, despite the fact that number of vacancies had been reduced. It has been admitted in the Counter Affidavit that petitioner had filed his representation before the Respondents on 04.04.2006 and 27.06.2006, but by that time his candidature had already been cancelled in the meeting of District Establishment Committee, held on 04.03.2006, pursuant to a notice published in the Newspaper on 21.12.2004. The petitioner, despite publication of notice did not appear before the District Establishment Committee on 04.03.2006, as such his candidature was cancelled. It has also been stated in this Counter Affidavit that name of petitioner was at serial no. 97 and the number of vacancies were less and as such he could not be adjusted. Petitioner, coming to know about cancellation of his candidature through the Counter Affidavit has filed I. A. No. 987 of 2010, making additional prayer for quashing of the part of the Minutes of the meeting of Establishment Committee, Muzaffarpur, held on 21.04.2005 and 04.03.2006, whereby his candidature along with five other candidates namely, Shri Subhash Chandra Jha; Md. 5 Erfan Alam; Ajit Kumar; Md. Farooque Alam; and Pawan Kishore had been cancelled due to their non appearance and production of Certificates, pursuant to notice published in the daily Newspapar of 21.12.2004. In this Interlocutory Application, it has been stated that no personal notice was ever communicated to the petitioner by the Establishment Committee and so far the notice published in the daily Newspaper is concerned, it was done in the local Newspaper, which is published at Muzaffarpur. Petitioner being resident of Nalanda district, could not know about this notice as this newspaper has no circulation in his home district. Petitioner’s case is that due this reason, he could not appear on the particular date before the Establishment Committee. Along with the Interlocutory Application, the petitioner has also annexed the photocopy of letter no. 1261, dated 01.02.2008 (Annexure-6), whereby the life of the panel has been extended up to February, 2009 and all recommended candidates have been directed to be appointed against the vacancies occurred till December, 2007. Clause (Kha) of this letter indicates that in case it is not possible to appoint all the recommended candidates 6 against the vacancies in the Collectorate and Sub- ordinate Office, occurred till 31.12.2007, they should be appointed in other district level regional offices on Class – III post in lieu of reserved category in the pay-scale of Rs. 3050-4590/-. This policy decision of the State, contained in letter no. 1262, dated 01.02.2008 has extended the horizon of vacancies up to 31st of December, 2007 and all the vacancies either in the Collectorate or different Sub-ordinate Offices of the district as well as the Regional Offices in other district were to be filled up by the candidates, whose names were empanelled and recommended by the B.P.S.C. on account of being successful in first Regional Competitive Examination, held by the B.P.S.C. In the Counter Affidavit and Supplementary Counter Affidavit, filed by the District Magistrate, Muzaffarpur, this fact has completely been suppressed. It has only been stated that number of vacancies were reduced. The name of petitioner in the panel was at serial no. 97, as such, it was not possible to adjust him against the vacancies available in the district. Counsel appearing for the petitioner has 7 drawn my attention towards the position of vacancies as disclosed by the District Establishment Committee (Annexure-B) of the Counter Affidavit. Annexure-B indicates number of vacancies available in the district of Muzaffarpur, for which meeting of Establishment Committee was held on 04.03.2006. In the Collectorate Cadre, the vacancy in the category of Scheduled Caste was 10 and in the District Education Office, the vacancy in the reserved category for Scheduled Caste was 7. Altogether 17 vacancies were available in Scheduled Caste Category. Out of that only one person Nand Lal Ram was issued appointment letter, so far other 16 vacancies are concerned, there is no whisper in the Counter Affidavit / Supplementary Counter Affidavit, as to how these vacancies were filled by the Respondent. This was the position in the year 2006. There is no statement with regard to vacancies, which occurred till 31st of December, 2007. I find that the statements made in the Counter Affidavit, filed by the District Magistrate, Muzaffarpur is more confusing than it has explained the situation of vacancies existing in the District. Admittedly, in the year 2006 and in the year 2007 8 there were vacancies available in the Scheduled Caste Category, even though the petitioner’s name was at serial no. 97 in the combined panel, but so far the vacancies available in the reserved category of Scheduled Caste is concerned, he was well within the vacancies available and candidature of the petitioner must be considered, as it was done in case of other candidates, whose candidature also had earlier been rejected by the District Establishment Committee in the year 2006. The reason for this discriminatory attitude on the part of District Magistrate, Muzaffarpur is unexplained. Whatever be the reason, facts, as disclosed, indicates that it was not satisfactory. Accordingly, this Writ Application is being allowed. The Respondent, District Magistrate, Muzaffarpur is directed to consider candidature of the petitioner, as it was done in case of other candidates, against the vacancies available in the year 2006 itself, as well as the vacancies till the last date, i.e., 31st of December, 2007, in the Scheduled Caste Category, as per the policy decision of the State Government, contained in Annexure-6 to the Interlocutory Application, filed by the petitioner. 9 Respondent, District Magistrate, Muzaffarpur is directed to take all necessary steps in this regard within four weeks from the date of production / communication of this Order. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)