IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15028 of 2011 1. Ravindra Kumar Sharma S/O Sri Pradeep Chandra Sharma R/O Vill.- Tetari, P.S.- Naugachhiya , Distt.- Bhagalpur. ---Petitioner. Versus 1. The State Of Bihar Through The Urban Development Department Govt. Of Bihar, Patna 2. The Chairman, Bihar State Electricity Board, Patna 3. The General Manager-Cum-Chief Engineer, Barauni Thermal Power Station, Begusarai 4. The Deputy Director Of Personnel Barauni Thermal Power Station, Begusarai ---Respondents. ---------------------------------- 05 24.11.2011 Heard Mr. Shabbir Ahmad, learned counsel for the petitioner, Mr. D. Choudhary, learned A.C. to A.A.G 13 and Mr. Vijay Kumar Verma learned counsel for the respondent-Board. A counter affidavit, after service, on behalf of the respondent- Board, has been filed which is taken on record. Petitioner was an applicant for engagement on contract basis on the post of Assistant Operator. Appointment/retention was to be made based on marks obtained in the ITI trade examination. There is no dispute that petitioner fulfils the aforesaid educational qualification. 60 applicants were issued letters for attending the counselling. Only 30 of them appeared. On verification of their documents the authorities approved retention of 20 applicants category wise. Out of that only 09 joined the post/assignment. So far the petitioner is concerned, it appears his name figured in the select list after verification of document at Sl. No. 2 having obtained 90.57% marks at the examination qualifying him to apply for the post. There is no dispute that petitioner belongs to extremely backward category. 2 Subsequently, it appears, his candidature was rejected on the ground that he had disclosed 90.57% of marks in the application which was found incorrect. It is the stand of the petitioner that there may be bonafide mistake in filling up the aforesaid percentage of marks in the application form but from the materials on record it would manifest that at the time of counselling of the candidates/applicants including the petitioner, he had produced the marks sheet and other certificates in original for verification. It is next contended that there is no controversy that 11 posts are still lying vacant and as such the petitioner can still be considered under appropriate category for offering him job on contract basis. Learned counsel for the Board, on the other hand, contends that candidates securing 85.29% of marks under EBC category have been selected. The petitioner, in that eventuality, shall have no chance of retention. Learned counsel for the petitioner contends that several persons provisionally selected under the said category, after verification of their documents, are not interested in joining the service on contract basis. In that event, the petitioner stands a chance for retention on contract basis considering the percentage of marks (80.57%) obtained by him at the ITI trade examination. Learned counsel for the respondent Board, in view of the aforesaid stand taken by the petitioner, takes a stand that petitioner may be permitted to file a representation in this regard which shall be considered in accordance with law. Regard being had to the aforesaid stand taken by the parties, 3 the application is disposed of by the following order:- Let petitioner file a detailed representation before the General Manager- cum -Chief Engineer, Barauni Thermal Power Station Begusarai ( respondent no.3) annexing a copy of this order ventilating his grievance within 03 weeks wherefter the said respondent shall consider the same and pass appropriate reasoned order in accordance with law preferably within 05 weeks of its filing/presentation. Sym ( Kishore K. Mandal, J.)