IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.169 of 2010 1. MD.GHEYASUDDIN 2. MD. JALALUDDIN BOTH SONS OF LATE NURUL HASSAN, RESIDENT OF VILLAGE SHAKH TOLA, P.S. BHAGWAN BAZAR, DISTRICT SARAN, CHAPRA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE COLLECTOR, CHAPRA AT CHAPRA. 4. THE DIRECTOR, AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY DIRECTOR, EDUCATION AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. ---- RESPONDENTS ----------- 2 21.5.2010 The petitioners are working as Jan Sewak in the Agriculture Department. The writ application has been filed with a prayer that the petitioners should be sent for training for the post of Block Agriculture Officer or any other equivalent post. The State Government has prepared Rules which have been notified dated 24th of March, 1987 whereby the procedure for sending persons for training has been prescribed in Rules 8 and 9. Rule 8 envisages that there shall be a Committee consisting of five persons who shall recommend the name of the eligible candidates who may be sent for training. The eligibility has been prescribed in Rule 9 of the said Rules which envisages that a merit list shall be prepared and on the basis of the merit list the recommendations are to be made. The contention of the petitioners is that a pick and choose method is being adopted for the purposes of sending persons for training, as a result of which the petitioners have been left out although they are senior to several persons and are also qualified according to the merit criteria as prescribed under Rule 9. The 2 petitioners have filed representations before the Director, Agriculture to consider their case on 17.1.2009 through registered post. I direct the petitioners to file fresh representations to the Collector, Chapra who is the Chairman of the Committee under Rule 8 of the Village Level Workers (Appointment and Service Conditions) Rules, 1987 within a period of two weeks on receipt of a copy of this order. The Committee under Rule 8 will get a merit list prepared within a period of two months thereafter and pass appropriate orders recommending the persons concerned according to the merit list and vacancies existing for the post. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)