CIVIL WRIT JURISDICTION CASE No.6962 OF 1996 (In the matter of an application under Articles 226 & 227 of the Constitution of India.) JAI NATH TIWARY, SON OF SRI GANESH TIWARY, RESIDENT OF VILLAGE- MATAULY, P.S.- SIDHWALIA, DISTRICT- GOPALGANJ, AT PRESENT POSTED AS JUNIOR ENGINEER (CIVIL) IN THE OFFICE OF EXECUTIVE ENGINEER, DIVISION-‘D’, PATNA REGIONAL DEVELOPMENT AUTHORITY, MAURYA LOK COMPLEX, PATNA, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. BIHAR STATE CO-OPERATIVE MARKETING UNION LIMITED (BISCOMAUN) THROUGH ADMINISTRATOR, BISCOMAUN BHAWAN, WEST OF LAWN, PATNA-1, P.S.- KOTWALI, DISTRICT- PATNA. 3. DEPUTY MANAGING DIRECTOR, BISCOMAUN, BISCOMAUN BHAWAN, WEST OF LAWN, PATNA-1, P.S.- KOTWALI, DISTRICT- PATNA. 4. EXECUTIVE DIRECTOR (CONSTRUCTION), BISCOMAUN, WEST OF LAWN, PATNA- 1, P.S.- KOTWALI, DISTRICT- PATNA. 5. SHIV SHANKER LAL, SON OF NOT KNOWN TO THE PETITIONER, ASSISTANT ENGINEER, BISCOMAUN, AT PRESENT ASSISTANT ENGINEER, INCHARGE, KOSI DIVISION, BISCOMAUN JUTE COMPLEX, AGRICULTURAL MARKETING YARD, GULAB BAGH, PURNIA, DISTRICT- PURNIA. 6. NAND KISHORE PRASAD VERMA, SON OF NOT KNOWN TO THE PETITIONER, AT PRESENT POSTED AS JUNIOR ENGINEER, DIVISION-A, C BLOCK, MAURYA LOK COMPLEX, P.R.D.A., PATNA For The Petitioner : M/S. R.K.Sinha No.2 & Tej Pratap Singh, Advocates. For the State :Mr. Dhananjay Kumar Singh, A.C. to G.P.-12. For Respondent No. 5:- Mr. Anil Singh, Advocate. ==== P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha, J. Heard learned counsel for the petitioner, State and the counsel for Respondent No. 5. None appears for the BISCOMAUN and Respondent No. 6. 2. Petitioner is aggrieved by the order of the Administrator, BISCOMAUN dated 16.01.1996, Annexure-7, whereunder he has - 2 - rejected the representation of the petitioner dated 20.09.1995 questioning the placement of Respondent Nos. 5 and 6 above the petitioner in the seniority list observing that Respondent No. 5 was appointed as Junior Engineer under order dated 04.04.1979 and submitted his joining on 7.4.1979, Respondent No. 6 was appointed as Junior Engineer under order dated 19.04.1979 and submitted his joining on 25.4.1979 i.e. prior to the petitioner who was appointed under order dated 19.4.1979 and submitted his joining on 27.4.1979, as such it is not possible to place the petitioner above Respondent Nos. 5 and 6 in the seniority list of Junior Engineers. 3. Aforesaid finding of the Administrator is being questioned by the petitioner on the basis of the averments made in paragraphs 6 and 7 of the writ petition wherefrom it appears that according to the petitioner appointment of Respondent Nos. 5 and 6 on the post of Junior Engineer was in teeth of Articles 14 and 16 of the Constitution of India as the same was made without there being any recommendation for their appointment by any selection committee pursuant to an advertisement. It is further stated in paragraph 7 of the writ petition that Respondent No. 6 even does not have either diploma or degree in Civil Engineering so as to make him eligible for appointment on the post of Junior Engineer. 4. The aspect that Respondent No. 5 was appointed without recommendation of the selection committee under orders dated 4.4.1979 and submitted his joining on 7.4.1979 cannot be looked into at this stage as petitioner did not question such illegality for about 16 - 3 - years until he filed the representation dated 20.9.1995 but the aspect that Respondent No. 6 does not possess the qualification for the post of Junior Engineer as he is neither a diploma or degree holder in Civil Engineering goes to the very root of the matter. Accordingly, I direct the competent authority of the BISCOMAUN to verify from the records as also from Respondent No. 6 whether he has got the minimum qualification for appointment on the post of Junior Engineer (Civil) and if he does not have any such qualification even now then appropriate orders be passed and with this modification in the impugned order dated 16.01.1996, Annexure-7 the writ application is disposed of. The Patna High Court, The 29th day of June, 2010. P.K.P./N.A.F.R. (V.N.Sinha,J.)