Patna High Court CWJC No.7784 of 2009 (4) dt.16-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7784 of 2009 ====================================================== 1.Anuj Kumar 2. Vijay Kumar 3. Anuj Kumar .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajanan Arun Mr. Vijay Kr.Singh Mr. Gajendra Kumar Singh For the Respondent/s : Mr. (Aag4) Mr. P.K.Shahi ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 4 16-09-2011 Heard counsel for the petitioners, the Counsel representing Bihar Subordinate Service Selection Commission and the State. The present writ petition has been filed by the writ petitioners for a direction to the respondents to appoint them against the post of Driver in P.M.C.H. Patna. The Health Directorate, Bihar Patna vide memo no. 528(4) dated 11.6.2005 issued a requisition to the Bihar Subordinate Service Selection Commission (hereinafter referred as the ‘Commission’) for advertising vacant post of Driver in P.M.C.H The Commission was requested to give first priority in selection to Scheduled Caste and Patna High Court CWJC No.7784 of 2009 (4) dt.16-09-2011 Scheduled Tribes candidates against the current reserved vacancy including the backlog. Advertisement No. 1605 was published in pursuant to memo No. 528(4) dated 11.6.2005. Petitioner also submitted their applications. They appeared in written driving test conducted by the Commission and declared successful. Their names were published on successful General category candidates and thus recommended along with their education and technical certificates. The Director-in-Chief, Health Service, Bihar, Patna vide letter no. 434 dated 28.8.2006 asked for confirmation of recommendation and the Commission vide letter no. 1827 dated 30.11.2006 sent letter of confirmation, the copy of this letter was also sent to the candidates for intimation and up to date information for appointment. The Commission again sent a letter no. 1691 dated 8.10.2007 to the Director-in-Chief in reference of all letters to appoint the recommended candidates on the post of Driver. Petitioners’ case is that altogether there were 18 posts of Driver in PMCH in General as well as Reserved category. Petitioners, though recommended for appointment by the Commission but till date appointment letters have not been issued in their favour. All petitioners belonged to general category. Patna High Court CWJC No.7784 of 2009 (4) dt.16-09-2011 In the counter affidavit filed on behalf of the State, it has been stated that the five posts of Driver including backlog for which requisition has been sent to the Commission were in reserved category. However the Commission sent the recommendation in which not a single S.C/S.T. candidates were recommended. CWJC No. 10499 of 2003 was filed by the reserved category candidates and the order was passed for their appointment. In the light of the order passed in the writ application appointment against the vacant posts of Driver in PMCH were made. Two persons, namely, Pradeep Roy and Om Prakash were appointed as Driver in the PMCH. At the time of their requisition there were seven reserved vacancies of driver in PMCH. Out of those vacancies all are still vacant. So far present petitioners are concerned, they belonged to general category. If the three petitioners are appointed in PMCH, Patna such appointment will be against the reserved vacancies for scheduled castes and such appointment will be violative of the reservation policy of the State Government. As per the reservation policy of the State Government, candidates of general category cannot be appointed against the vacancies reserved for scheduled caste, so the Health Directorate is not capable to appoint the petitioner Patna High Court CWJC No.7784 of 2009 (4) dt.16-09-2011 against the post of driver in PMCH, Patna. On other hand, the counter affidavit filed on behalf of the Commission, there is no such statement that all posts advertised were in the reserved category. The Statement in the counter affidavit of respondent no.5 indicates that petitioners were recommended by the Commission for their appointment as they declared successful in written and driving test conducted by the Commission. Twice confirmation was sent by the Commission to the Director- in-Chief, Health Service, Bihar Patna for petitioners’ appointment against the vacancies existing in general category. Considering the recommendation made by the Selection commission and there is admission in the counter affidavit of State regarding four existing vacancies in PMCH, this writ application is being allowed, directing the respondents to appoint the three petitioners against the existing vacancies, which according to the statement in the counter affidavit of the commission was not in the reserved quota. The appointment letter must be issued in favour of the petitioners within two weeks from the date of production/communication of this order. Arun Kumar/- (Mridula Mishra, J)