IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6586 OF 2010 AMRESH SHARMA, SON OF LATE CHANDRIKA SHARMA, RESIDENT OF PARSHURAM NAGAR, SANDALPUR ROAD, POST OFFICE MAHENDRU, POLICE STATION SULTANGANJ, DISTRICT PATNA - 800010 VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL, TRANSPORT DEPARTMENT, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 2. THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 4. THE STATE TRANSPORT COMMISSIONER, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 5. THE BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, VETERINARY COLLEGE, CAMPUS, PATNA 6. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE CAMPUS, PATNA 7. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE CAMPUS, PATNA …………………………………………………………………………………RESPONDENTS ******* 2 19/04/2010 The petitioner has applied for the post of Motor Vehicle Inspector in view of the advertisement issued in the year 2007. After scrutiny of the application, only nine applications were found valid whereas the rest of the 174 applications were rejected. This led to a flood of writ applications filed before this Court. Ultimately, with the consent of the Counsel appearing on behalf of the Bihar Public Service Commission, the matter was remanded back for the purpose of re-scrutiny of the applications. The Court constituted a Committee headed by the Secretary of the Commission and two senior officials from the Department of Transport and Personal to re-examine the applications filed by the candidates. 2 This matter has come up after re-scrutiny of the applications. The application of the petitioner Amresh Sharma was also re-scrutinized. The reason for rejecting his application as contained in Annexure 5 is that the experience certificate granted by the Workshop does not contain the certificate showing that it is registered under the Factories Act. On perusal of the certificate, it appears that the petitioner has been working as Junior Engineer in the Road Construction Department and the certificate has been granted by the Executive Engineer on 07.09.2007 stating therein that the petitioner has experience in repair, overhauling and inspection of vehicles, both heavy and light. The objection that the Road Construction Department is not registered under the Factories Act seems somewhat unjustified. Admittedly, the Road Construction Department is a recognized department of the Government of Bihar and an objection of this nature would perhaps be considered to be absurd. The Court can understand that the Committee of the Members of the Commission would not like to interpret this aspect of the matter as it may lead to certain objections by other candidates. However, this Court has no hesitation in holding that as far as the Government Departments are 3 concerned, their existence and the fact that a certificate of work experience was granted by it, cannot be doubted and as such this Court hold that the application of the petitioner should be considered to be valid and that he should be considered for the post of Motor Vehicle Inspector. It is further directed that this petitioner should be permitted to face the interview on the date fixed by the Commission and that he should be judged at par with the other 20 candidates who have already faced interviews on 12.04.2010. The results should be declared at one go so that the seniority of the petitioner would not be affected by the fact that the interview was held on a later date. In the result, this application is allowed in the terms mentioned above. Anand ( Sheema Ali Khan, J.)