IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.905 of 2010 IN CWJC 5752 OF 2010 WITH I.A. NO. 4984 OF 2010 IN LETTERS PATENT APPEAL No.905 of 2010 ========================================== RANJIT KUMAR S/O SHRI INDRADEO PRASAD R/O VILL.- MAHADEVPUR, P.S.- PARAIYA, DISTT.- GAYA Versus 1. ARUN KUMAR S/O LATE RAM NARESH SINGH R/O BHUSHAN LANE, EAST LOHANIPUR, P.S.- KADAMKUAN, DISTT.- PATNA 2. THE STATE OF BIHAR, THROUGH THE TRANSPORT COMMISSIONER, NEW SECRETARIAT, PATNA 3. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, PO VETERINARY COLLEGE, PATNA 4. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, PO VETERINARY COLLEGE, PATNA 5. THE MEMBERS OF RE-SCRUTINY COMMITTEE, BIHAR STAFF SELECTION COMMISSION, PATNA UNDER THE CHAIRMANSHIP OF THE SECRETARY ========================================== with LETTERS PATENT APPEAL No.906 of 2010 IN CWJC 6229 OF 2010 WITH I.A. NO. 4986 OF 2010 IN LETTERS PATENT APPEAL No.906 of 2010 ========================================= UPENDRA RAO S/O LATE ARJUN RAO R/O RATAUL, P.S. CHOTERBA, DISTT.- WEST CHAMPARAN Versus 1. BRAJESH KUMAR S/O SRI PRAMOD KUMAR R/O VILL.+P.O.- MAN, P.S. TEKARI, DISTT.- GAYA 2. THE BIHAR STAFF SELECTION COMMISSION, PATNA THROUGH ITS SECRETARY, HAVING OFFICE UNDER PO VETERINARY COLLEGE, PATNA-800014 3. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, PO VETERINARY COLLEGE, PATNA- 14 2 4. THE STATE TRANSPORT COMMISSIONER, GOVT. OF BIHAR, PATNA ========================================== with LETTERS PATENT APPEAL No.910 of 2010 IN CWJC 5965 OF 2010 WITH I.A. NO. 5037 OF 2010 IN LETTERS PATENT APPEAL No.910 of 2010 ========================================== UPENDRA RAO S/O LATE ARJUN RAO R/O RATAUL, P.S. CHOTERBA, DISTT.- WEST CHAMPARAN Versus 1. HARENDRA KUMAR S/O LATE H.P.SINGH R/O MOHALLA KUNWAR SINGH NAGAR, JANTA ROAD, NEW YARPUR, P.S. GARDANIBAGH, DISTT.- PATNA 2. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA- 800014 3. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA-14 4. THE EXAMINATION CONTROLLER, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA-14 ========================================== Appearance: In LPA No.905 of 2010 For the Appellant : Mr. Y.V. GIRI, Sr. Advocate Mr. SANJEEV KUMAR, Adv. Mr. PRANAV KUMAR, Adv. For the Respondent:Mr. P.K.SHAHI, AG Mr. S.S. SUNDARAM, Adv. In LPA No.906 of 2010 For the Appellant:Mr. Y.V. GIRI, Sr. Advocate Mr. SANJEEV KUMAR, Adv. Mr. PRANAV KUMAR, Adv. For the Respondent Ist Set: Mr. ARUN KUMAR For the Intervenor:Mr. ASHOK KUMAR CHAUDHARY Mr. RAMNATH SINGH In LPA No.910 of 2010 For the Appellant : Mr. ABHAY KUMAR SINGH, Sr. Advocate Dr. ANIL KUMAR UPADHYAY 3 For the Respondent no. 1: Mr. MUKUND JEE Mr. RAJIV KRISHNA BARIAR For the Respondent-State: Mr. P.K. SHAHI, A.G. Mr. S.S. SUNDARAM ========================================== CORAM:HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05. 01.09.2010 These three Appeals under Clause 10 of the Letters Patent are preferred by the intervenors against the judgment and order dated 23rd April 2010 passed by the learned Single Judge in C.W.J.C. No. 5752 of 2010 and against the common judgment and order dated 26th April 2010 passed by the learned Single Judge in C.W.J.C. No. 6229 of 2010 and C.W.J.C. No. 5965 of 2010. Without going into the issue whether the Appeals at the hands of the intervenors are maintainable or not, We decide the matters on merit. The subject matter of dispute is the recruitment of Motor Vehicle Inspectors pursuant to the advertisement dated 17th August 2007. It appears that every candidate applying in answer to the advertisement has his own interpretation of the recruitment rules and has his own sense of propriety in respect of the recruitment procedure. The recruitment to the posts of Motor Vehicle Inspector in the State of Bihar is governed by the Bihar State Transport (Technical) Cadre Rules, 2003. Part 3 of the said Rules provides for recruitment for appointment to the post 4 of Motor vehicle Inspector. Rule 5 of the said Rules provides for eligibility including educational qualification, experience and other requirements. In our opinion, the Rules are clear and unambiguous. There shall not be any dispute in respect of the interpretation of the Rules. It is bounden duty of the State/ recruiting agency namely, the Bihar Staff Selection Commission to make recruitment in consonance with the statutory Rules. By order dated 21st May 2010 made on three Letters Patent Appeals, this Court has issued necessary directions for re-scrutinizing the driving license; for holding interview for driving test and to make selection and appointment. In our opinion, the aforesaid order dated 21st May 2010 shall be an end to the issues involved in these Appeals. No further order is required to be made. The respondents State of Bihar and the Bihar Staff Selection Commission will complete the recruitment process strictly in consonance with the recruitment Rules and the direction issued on 21st May 2010. Subject to the above direction, all the Appeals and Applications are disposed of. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)