IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.119 of 2007 HARI NATH PANDIT . Versus STATE OF BIHAR . with MJC No.120 of 2007 AJAY KUMAR SINGH . Versus STATE OF BIHAR & ANR . with MJC No.121 of 2007 PRADEEP KUMAR BHARTI . Versus STATE OF BIHAR & ANR . with MJC No.122 of 2007 SHYAM SUNDER TIWARY . Versus STATE OF BIHAR & ANR . with MJC No.123 of 2007 BRAJESH KUMAR . Versus STATE OF BIHAR . with C. REV. No.180 of 2009 DISTRICT COLLECTOR,SHEOHAR . Versus SHYAM SUNDER TIWARY & ORS . with C. REV. No.181 of 2009 DISTRICT COLLECTOR,SHEOHAR . Versus AJAY KUMAR SINGH & ORS . with C. REV. No.182 of 2009 DISTRICT COLLECOTR,SHEOHAR . Versus HARI NATH PANDIT & ORS . with C. REV. No.183 of 2009 DISTRICT COLLECTOR,SHEOHAR . Versus 2 PRADEEP KUMAR BHARATI & ORS . with C. REV. No.184 of 2009 DISTRICT COLLECTOR,SHEOHAR . Versus BRAJESH KUMAR & ORS . ----------- For the Petitioners:- Mr. Sunil Kumar Verma, Advocate For Opposite party No.2:- Mr. Rajiv Roy,Advocate For Opp-party Nos. 1,3 and 4:- Mr. Gautam Kr. Yadav Asst. To SC IV 17 15 .09.2010 Applications for initiating proceedings of contempt against the Opposite parties, specially the District Magistrate-cum-Collector, Sheohar were filed by the petitioners for his willful, conscious, violation and non-compliance of the order dated 17.10.2006 passed in CWJC No. 12350 of 2004 heard analogous with CWJC No. 12349 of 2004, CWJC No.12257 of 2004, CWJC No. 12312 & CWJC No. 12346 of 2004. The writ applications have been filed by the petitioners for a direction to the respondents to initiate selection process for appointment of village level worker (VLW)/ Village Extension Worker (VEW) in the district of Sheohar. Prayer of the petitioners was to 3 consider their candidatures in terms of the observations/directions passed in CWJC No. 2425 of 1998 disposed off by order dated 2.9.1998 and finally affirmed by orders passed in LPA No. 1555 of 1999 and LPA No. 767 of 2001. The writ applications were filed by the petitioners, since, despite existing vacancies in the district of Sheohar on the post of V.L.Ws and V.E.Ws process for appointment was not being initiated, despite specific direction of this Court, simply on the ground that the Bihar Jan Sewak & Gramin Prasar Karya Karta ( Bharti Aivam Sewa Shartein) Niyamawali, 1987 has been amended. In the writ applications the respondent District Magistrate had filed counter affidavit admitting the vacancies on the post of V.L.Ws and V.E.Ws in the district of the Sheohar. As per the statement in the counter affidavit, existing vacancies of VLW was 24 and vacancy for the post of VEW was 27. The superior authorities of the State also admitted 4 the position of vacancies in the district of Sheohar. The writ applications were disposed of as the counsel appearing for the State made a submission that vacancies have already been identified and the process of appointment has been initiated. Considering this submission the District Magistrate, Sheohar was directed to advertise posts inviting applications against existing vacancies by Ist week of November, 2006 and complete all process of appointment including issuance of appointment letters by 31st of January, 2007. Since nothing was done despite the expiry of the time schedule as per the direction of the High Court and no process of appointment was initiated, as such contempt applications were filed in the year 2007 for initiating proceeding of contempt against the Opposite parties- contemnors. In the first show cause filed on behalf of the District Magistrate-cum-Collector, Sheohar, it is clearly stated that for complying 5 the direction of this Court he sought for direction from the Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna about the procedure for appointment. The District Magistrate, Sheohar again sought for a direction from the Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna as he received letter No.1587/Aa dated 20.12.2006 from the Joint Secretary, Bihar Staff Selection Commission for reporting the vacancies of V.L.Ws. and V.E.Ws. The stand taken by the District Magistrate, Sheohar was that since the Bihar Staff Selection Commission had already initiated the process of appointment of V.L.W. and V.E.W. on account of amendment in the Jan Sevak Recruitment Rules 1987 vide letter no. 6864 dated 14.7.2006 issued by the Personnel and Administrative Reforms Department, as such the District Magistrate was not empowered to 6 make selection or appointment. The appointment could have been made only by the Bihar Staff Selection Commission; as such the vacancies were reported to the Staff Selection Commission for initiating the process of selection. All writ applications had been disposed off vide order dated 17.10.2006, subsequent to the amendment brought in the appointment process, as stated in the counter affidavit, but this fact was never brought to the notice of the Court by filing any counter affidavit during the pendency of the writ application, or after disposal of the writ application any modification application had been filed by the respondent/State for modification of the order dated 17.10.2006. What is surprising that District Magistrate was seeking direction from Secretary Department of Personnel and Administrative Reforms, for complying the direction of the High Court and 7 did not think it proper to seek modification/clarification from the High Court? Considering this fact the District Magistrate, Sheohar was directed to remain physically present in Court on 9.9.2009. Finding it to be a clear case of contempt, since till the date no process of appointment had been initiated. The District Magistrate on his appearance on 9.9.2009 has apprised the Court that process of appointment has been initiated on 17..7.2009 by publishing advertisement in the daily newspaper “Hindustan Vernacular” language and there is all possibility that by 10th of November, 2009 entire selection process will be completed and the appointment letters will be issued to the selected candidates. Subsequent to that the petitioners filed supplementary affidavit on 5.11.2009 stating that the District Magistrate, Sheohar has asked them to furnish the matriculation certificate within two days when they all are Agricultural 8 Graduates and as per the Rule the Agricultural Graduates can be directly appointed on the sanctioned/vacant posts in case the vacancies are to be filled and voluntarily they have applied for appointment on the post. This supplementary affidavit was filed as the petitioners were apprehensive of this fact that despite their eligibility the District Magistrate may play some game and they may remain deprived of being selected for the post. The District Magistrate was again asked to submit show cause and in the supplementary show cause. The statement made by the Opposite party no.2 made it clear that apprehension of the petitioners was true and they were not selected for the post. The District Magistrate was asked to file supplementary show cause. In the supplementary show cause it was stated that the case of the writ petitioners were considered as per provisions laid down under Bihar Jan Sewak and Gramin Prasar Karya 9 Karta (Bharti Avam Sewa Sharten) Niyamawali, 1987. Since all these five petitioners had lesser marks in matriculation than the selected candidates, which was the basic educational qualification for selection of the Jansevak, as such petitioners could not be selected for the post. This was nothing but simply an eye-wash and the petitioners by filing supplementary affidavit brought on record the letter of the Deputy Secretary to the Government Department of Agriculture contained in circular no. 415 dated 6.4.1988 addressed to all District Magistrates and Deputy Development commissioners. This letter contained direction to be followed in the matters of appointment on the post of V.L.W. and V.E.W. and the village Extension worker, in case Agricultural Graduates have also applied for the post. This letter indicated that candidates having agriculture degree from Agricultural Universities, who are residents of Bihar, can be 10 appointed directly even without appearing in the examination, if they fulfilled all other requisite criteria. The petitioners are Agricultural Graduates but their cases were not considered on a frivolous ground that in the matriculation examination they had lesser marks than the selected candidates, ignoring this fact that all the petitioners had better qualification than the selected candidates, as they are Agricultural Graduate. The District Magistrate, Sheohar thereafter filed another affidavit stating that Clause 2 of Rule 7 of the Rule 1987 prescribed for education qualification for appointment to the post of Jansewak and Village Extension Workers, according to which, the minimum educational qualification is matriculation or any equivalent degree from the recognized University/ Board. Since this is the basic qualification, as such the candidates having higher marks in the matriculation were given 11 preference. It was also stated that an earlier circular bearing no. 415 dated 6.4.1988 issued under the signature of the Secretary to the Government Agriculture Department was slightly modified vide circular no. 9133 dated 6.8.1988, whereby only those Agricultural Graduates who have passed out from any Agricultural Universities of Bihar were to be given such preference. When this matter was verified from the Director, Agriculture there was no positive answer. In fact the affidavit filed on behalf of Director, Agriculture Bihar, Patna indicated that as per Niyamawali 1987 the Agriculture Director has no role to play in selection of VLWs and VEWs. As per the rule, it is the responsibility of District Magistrate and even in the writ application direction was also to the District Magistrate to complete the process for appointment within the stipulated time, as such it was the responsibility of the District Magistrate to comply the direction. 12 Regarding Subsequent modified circular No. 9133 dated 6.6.1988, there was complete silence in the show cause filed by the Director. Counsel for the petitioners submits that circular No. 9133 dated 6..8.1988 never came in existence, despite this fact the petitioners’ eligibility and qualification for the post of Jansevak and Village Extension Worker as against the claim of other suitable candidates was willfully ignored by the District Magistrate and the Members of the Selection Committee. Circular No. 415 dated 6.4.1988 attaches superiority to the qualification of Agricultural Graduate, which was ignored by the Collector as head of the Selection Committee. The Opposite party no.2, having full knowledge about the existing selection process and guidance to be followed, willfully disobeyed the direction of High Court in the writ application. Non consideration of petitioners’ candidature is an instance of willful non 13 compliance of the direction of the High Court. Entire circumstances of the case make it a case of contempt. The District Magistrate, Sheohar was adamant not to comply the direction of the Court, due to his personal vengeance, for the reason best known to him, as such he managed to ignore the candidature of petitioners. It has also been submitted by the petitioners’ counsel that on the basis of Circular no. 415 dated 6.4.1988 in all other district of Bihar preference have been given to the Agricultural Graduates in appointment to the post of VLW and VEW, without this consideration whether they have obtained their Agriculture degree from Agriculture Colleges of Bihar or elsewhere only consideration being that they are agriculture graduates and residents of Bihar. It has also been submitted by the petitioners Counsel that in the counter affidavit of the writ application the total vacancies on the post of VLW was 24 and on 14 the post of VEW was 27 as disclosed by the District Magistrate, Sheohar, but only nine posts of VLW were advertised and the selection has been made only against 9 vacancies. This also shows willful disobedience of the direction of the Court. I.A. No. 2338 of 2010 has been filed on behalf of nine selected candidates, for being impleded as Intervenors/Opposite party because on account of pendency of the contempt application all 9 selected candidates, who have already joined on their posts, have been terminated without following principle of natural justice. On consideration of the entire facts and circumstances of the case, it is obvious that right from beginning the District Magistrate, Sheohar has shown his reluctance in compliance of the direction of the Court. The writ applications were disposed off in the year 2006. Till 2009 even the process for selection 15 had not been initiated. Only when the District Magistrate was asked to appear personally in Court, then he initially tried to shift his responsibility on the Staff Selection Commission in the name of amended appointment Rules. When he failed to succeed in it, then in September, 2009 for the first time he advertised vacancies of the posts. Total Vacancies which were disclosed in the counter affidavit, for that advertisement was not published but only for a fraction of the total vacancy advertisement was published. In violation of the Government’s own direction to give priority to the Agricultural Graduates for appointment on the post of VLW and VEW, in case they voluntarily applied for such posts, the District Magistrate taking plea of basic qualification being matriculation, denied appointment to agricultural graduates like, petitioners. There was no direction or any observation of this Court that the selected 16 candidates should be terminated, but illegally selected candidates were terminated. All actions on the part of the District Magistrate, Sheohar is illegal and contemptuous. It is true that there was no direction to issue appointment letters in favour of the petitioners, but there was direction to advertise vacancies and complete process of selection as per rule, within schedule time. None of these directions were completed, properly and legally. An opportunity is being given to the District Magistrate, Sheohar to advertise remaining vacancies, consider cases of petitioners and similarly situated persons for appointment in the light of 1987 Rules as well as letter No. 415 dated 6.4.1988. The remaining vacancies must be filled up within six months from the date of this order and a compliance report must be submitted before this Court. The counsel appearing for Opposite party no.2 has submitted that in a contempt proceeding, 17 there is no scope for giving further direction but that is not correct. Put up this matter again under the same heading on 13th of March, 2011. So far the termination letter issued against the selected candidates are concerned, as informed, have already challenged their termination order by filing writ applications, as such it will be decided on its own merits. The Civil Review applications filed by the Opposite party no.2 and other are dismissed. Akumar ( Mridula Mishra, J.)