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 2 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 ----------- 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 3 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 4 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.)