IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6170 of 2010 1. PRADEEP KUMAR DUBEY, S/O SRI YADUNATH DUBEY, R/O NEW AREA, HAMIDGANJ, P.S - DALTENGANJ, DISTRICT - DALTENGANJ (JHARKHAND)- Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE TRANSPORT COMMISSIONER, VISHWESHVARAIYA BHAWAN, NEW SECRETARIAT, PATNA. 2. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, PATNA,P.O - VETENARY COLLEGE, PATNA-14. 3. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, PATNA,P.O - VETENARY COLLEGE, PATNA-14. 4. MEMBER OF RE-SCRUTINY COMMITTEE,BIHAR STAFF SELECTION COMMISSION, PATNA UNDER THE CHAIRMANSHIP OF THE SECRETARY. 5. THE DISTRICT TRANSPORT OFFICER, GAYA - Respondents. ----------- 4 28.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner’s candidature for appointment to the post of Motor Vehicle Inspector has been rejected by the re-constituted committee in pursuance of the orders of the High court passed in CWJC No. 2371/2010 and its analogous cases on 18.2.2010. The reason for rejection is that the Prapatra granted by the District Transport Officer does not indicate that the petitioner has a license for driving heavy vehicle which is a must as per the advertisement and the rules. Annexure 4 is Prapatra II, dated 21.8.2007 annexed by the petitioner and issued by the District Transport Officer, Palamue indicates that the petitioner has been supplied the badge number, although the badge is out of stock. As per rule 19 badges are supplied to those who have a driving license for heavy vehicle. It may be noted that the petitioner has annexed a document, dated 21.7.2007 which has been issued by the District Transport Officer, Gaya wherein it is mentioned that the petitioner had a driving license for heavy vehicle which was valid upto 21.7.2001. 2 Counsel for the petitioner explained the discrepancy by submitting that earlier he was granted the license for driving heavy vehicles from Gaya, which was renewed at Palamu. Prapatra II indicates as follows : “Badge : Out of stock. 21.7.2001 Sd/- L.A. Gaya.” Above that it has been mentioned “valid up to 14.9.2010”. In the facts aforesaid this court cannot come to a definite finding that the petitioner has heavy vehicle driving license valid up to 14.9.2010. In the circumstances if the petitioner is selected for the post of Motor Vehicle Inspector, his selection would be subject to the verification from the district of Palamue as well as district of Gaya. Apart from this, at the time of holding of interview the Commission may examine the driving license of the petitioner for three type of vehicles and as directed by this court in the earlier writ petition take a driving test to ensure that the candidates are qualified for the post of Motor Vehicle Inspector. This writ petition is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)