IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.689 of 2007 1. Ashok Kumar Sinha, S/O- LATE ZADUNANDAN PRASAD, AT PRESENT POSTED AS A CLERK IN THE OFFICE OF JOINT DIRECTOR AGRICULTURE CUM CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA 14. 2. UMESH KUMAR CHAUDHARY, SON OF LATE INDRADEO CHAUDHARY AT PRESENT POSTED AS A CLERK IN THE OFFICE OF JOINT DIRECTOR AGRICULTURE CUM CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA 14. 3. DHANANJAY KUMAR ROY, S/O- SRI RAMBACHAN RAY AT PRESENT POSTED AS A CLERK IN THE OFFICE OF JOINT DIRECTOR, AGRICULTURE CUM CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA 14. 4. JAWAHAR LAL, S/O- LATE LAKHAN DAS AT PRESENT POSTED AS A CLERK IN THE OFFICE OF DEPUTY DIRECTOR, AGRICULTURE CUM JOINT CONTROLLER, WEIGHTS & MEASURES, BHAGALPUR. 5. SAHJA PASWAN, S/O- LATE DEOCHANDA PASWAN AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER WEIGHTS & MEASURES, BHOJPUR, ARRAH. 6. CHANDRASHEKHAR JHA, S/O- LATE LAKSHMI KANT JHA AT PRESENT POSTED AS A CLERK IN THE OFFICE OF DEPUTY DIRECTOR, AGRICULTURE CUM JOINT CONTROLLER, WEIGHTS & MEASURES, MUZAFFARPUR. 7. BISHNUDEO MISHTRI, S/O- LATE RAMESHWAR MISHTRI, AT PRESENT POSTED AS A CLERK IN THE OFFICE OF JOIN DIRECTOR AGRICULTURE CUM JOINT CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA. 8. PUSHPA SAHAY, W/O- SRI THAKUR MAHESH PRASAD SINGH AT PRESENT POSTED AS A LCERK IN THE OFFICE OF INSPECTOR, WEIGHTS & MEASURES, DANAPUR, DISTT. PATNA. 9. TEKNARAYAN PRASAD SINGH, S/O- LATE TULSI PRASAD SINGH AT PRESENT POSTED AS A CLERK IN THE OFFICE OF DEPUTY DIRECTOR, AGRICULTURE CUM JOINT CONTROLLER, WEIGHTS & MEASURES, PATNA DIVISION, DISTT. PATNA. 10. INDRANAND DAS, S/O- LATE SHYAMDHARI DAS AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, MADHUBANI. 11. DAYAKISHORE, S/O- LATE RAMDAS PRASAD AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT DIRECTOR AGRICULTURE CUM DEPUTY CONTROLLER, WEIGHTS & MEASURES, GAYA. 12. BINAY KUMAR SINHA, S/O- LATE SAHDEO PRASAD AT PRESENT POSTED AS A CLERK IN THE OFFICE OF INSPECTOR, WEIGHTS & MEASURES, BHOJPUR, ARRAH. 13. SHATRUDHAN PRASAD SINGH, S/O- SRI BISHNUDEO NARAYAN SINGH AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, MADHUBANI. 14. TRIBENI KANT JHA, S/O- LATE GEOKHOLANAND JHA AT PRESENT POSTED AS A CLERK IN THE OFFICE OF INSPECTOR, WEIGHTS & MEASURES, MADHUBANI. 2 15. DINESHWAR PRASAD SINHA, S/O- LATE BRIJNATH PRASAD VERMA, AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, SAMASTIPUR. 16. JAGDISH PRASAD GUPTA, S/O- LATE HIRALAL SAHU AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, DISTT. NALANDA. 17. SHARAT CHANDRA JHA, S/O- LATE NARENDRA JHA AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, SAMASTIPUR. 18. GIRIJA PRASAD, S/O- LATE DEO KUMAR PRASAD AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, EAST CHAMPARAN. 19. MISHRI LAL SHARMA, S/O- TILAK SHARMA AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT CONTROLLER, WEIGHTS & MEASURES, SAHARSA. 20. BHOLA SINGH, S/O- LATE RAMSWAROOP SINGH AT PRESENT POSTED AS A CLERK IN THE OFFICE OF JOINT DIRECTOR AGRICULTURE CUM CONTROLLER, WEIGHTS & MEASURES, BIHAR, PATNA 14. 21. SURENDRA PRASAD AMBASTHA, S/O- LATE BINDESHWARI PRASAD AT PRESENT POSTED AS A CLERK IN THE OFFICE OF ASSISTANT DIRECTOR, AGRICULTURE CUM DEPUTY CONTROLLER, WEIGHTS & MEASURES, PURNEA. 22. YOGENDRA NATH CHAUBEY, S/O- LATE BRIJBIHARI CHAUBEY AT PRESENT POSTED AS A CLERK IN THE OFFICE OF DEPUTY DIRECTOR, AGRICULTURE CUM JOINT CONTROLLER, WEIGHTS & MEASURES, MUZAFFARPUR…..PETITIONERS. Versus 1. The State Of Bihar 2. THE AGRICULTURE PRODUCTION COMMISSIONER AGRICULTURE DEPARTMENT GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, AGRICULTURE, BIHAR, NEW SECRETARIAT, PATNA. 4. THE JOINT DIRECTOR AGRICULTURE CUM CONTROLLER WEIGHTS & MEASURES, BIHAR, RAJABAZAR, PATNA-14. 5. ARUN KUMAR SRIVASTAVA, INSPECTOR, WEIGHTS & MEASURES, MUZAFFARPUR. 6. INDREDIP KUMAR AT PRESENT POSTED AS INSPECTOR, WEIGHTS & MEASURES, BISTUPUR, JAMSHEDPUR, JHARKHAND. 7. TRILOKI NATH SINGH, INSPECTOR, WEIGHTS & MEASURES, RAJA BAZAR, PATNA-14. ----------- For the petitioners : M/S Sanjay Kumar Verma, Ranjan Kumar Sinha, Mrs. Seema, Advocates For the State : Mr. Ritesh Kumar, A.C. to A.A.G.-3. ===== 2. 19.07.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are Assistants serving in the 3 different offices which are under the Controller, Weights and Measures within the directorate of Agriculture, Bihar. They have filed this writ petition praying, inter alia, to consider their case for promotion on the post of Inspector, Weights and Measures as Private Respondent Nos. 5,6,7 have been so promoted who were junior to the petitioners. 3. State respondents are opposing the prayer of the petitioners on the ground that the petitioners does not have the minimum qualification required for the post of Inspector, Weights and Measures as they are neither graduate in science nor agriculture nor engineering from a recognized university, as such, they cannot be considered for such promotion. In this connection they have referred to Rule 25 of the Bihar Weights and Measures (Enforcement) Rules, 1960 which inter alia provide the qualification for the post of Inspector, Weights and Measures and submitted that petitioners are not entitled to the protection envisaged under sub-rule 2 of Rule 20 of the Bihar Standards of Weights & Measures (Enforcement) Rules, 1988 as they were never eligible for the post. 4. In rejoinder counsel for the petitioners submitted that Private Respondent Nos. 5-7 were also not graduates either in science or agriculture or engineering yet they have been so promoted. 4 5. Illegalities made in the case of private respondents cannot be a ground for this Court to issue direction to commit similar illegality in the case of the petitioners. In the circumstances, the writ petition is dismissed, however, with direction to the State-respondents to take notice of the submission of the petitioners made in connection with the case of Respondent Nos. 5, 7and if it is true that they lack qualification for the post of Inspector, Weights and Measures and yet have been so promoted then to take appropriate measure, as early as possible, in any case within a reasonable time from the date of receipt/production of a copy of this order. P.K.P. (V.N.Sinha,J.)