IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.932 of 2009 In (CIVIL WRIT JURISDICTION CASE 5006/2006) 01. The State Of Bihar through Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 02. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 03. The Cabinet Vigilance Department through the Vigilance Commissioner, Government of Bihar, Patna 04. The Secretary, Cabinet Vigilance Department, Government of Bihar, Patna 05. Vigilance Investigation Bureau (NIGRANI ANVESHAN BUREAU) through its Addl. Director General, under the Cabinet, Vigilance Department, Government of Bihar, Patna 06. The Director General-cum-Inspector General of Police, Bihar, Patna 07. The Inspector General of Police (Admn.), Bihar, Patna 08. The Deputy Inspector General of Police (Administration), Bihar, Patna ….. Respondents-Appellants Versus 01. Raj Kumar, S/o Late Ram Kumar Prasad, resident of Bakerganj, Gola Road, Near Bhagwat Market (Electronic Market), P.S.- Pirbahore, District- Patna ….. Petitioner- Respondent For the Appellants:- Mr. P.K. Verma, Advocate For the Respondent:- Mr. Chitranjan Sinha, Sr. Adv., Mr. Ashutosh Ranjan Pandey & Mr. Umesh Pathak, Advocates ---------------------------------- 10. 05.12.2011 The present appeal is filed against the order dated 11.5.2009 passed by the learned Single Judge in C.W.J.C. No. 5006 of 2006. The case of the appellants State was that even though recommended was made by the Central Compassionate Committee for the appointment of the petitioner- respondent herein vide Annexure-7 to the writ petition for class-III 2 post, but in the test conducted by the department to ascertain the eligibility for the said post he could not succeed as there was several spelling mistakes. It has been contended before learned Single Judge as well as before us on behalf of the non-official respondent that even though recommendation was made for appointment on Class-III post but he was appointed on Class-IV post as Peon, as he could pass in Arithmetical test, but suddenly another test was conducted by the Board in which it was found that there was several spelling mistakes and therefore he could not qualify for Class-III post. The learned Single Judge having heard the matter finds that the similarly situated persons have been appointed in the Department of Vigilance Investigation Bureau without any test and the respondent only was singled out for test without prior notice and therefore the learned Single Judge has observed that as a test has been conducted by the Board for appointment on Class- III post, the State Government has to apply the principles of uniformity to all the candidates, but discrimination is made which such test is conducted after singled out the candidate. We also find that the non-official respondents has singled 3 out all candidate for such test without any reasons and no reasons have been forthcoming from the appellant State with regard to conducting such test while appointing the similarly situated persons in the Vigilance Investigation Bureau. Under the above circumstances, we are of the opinion that the learned Single Judge was perfectly right in quashing the order and directing the appellant authority to appoint the petitioner on a Class-III post in accordance with law within a period of two months from the date of receipt/production of a copy of this order. In view of the fact that this L.P.A. is pending for long time, we are of the opinion that two weeks time granted by the learned Single Judge is to be extended to another one month from the date of receipt/production of a copy of this order. With the above observation, the L.P.A. stands disposed of. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)