IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6673 of 2001 BIVASH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3 05.09.2008 Heard Learned counsel for the petitioner and the State. The petitioner claims to have appeared at a Limited Competitive examination conducted by the Bihar Public Service Commission for promotion from Class IV posts to Class III posts in government service. He is aggrieved by the non-declaration of his result. The admitted fact is that the petitioner is an employee of the Bihar Renewable Development Agency, a body registered under the Societies Registration Act. The fact that the agency may come within the meaning of the definition ‘State’ under Article 12 of Constitution of India for certain purposes is an entirely different matter from that of claiming the status of a government servant. This Court has no hesitation in holding that the petitioner, as employee of the Agency, does not acquire the status of a government servant. In (2007) 6 SCC 207 (Hindustan Aeronautics Ltd. Vrs. Dan Bahadur Singh & Ors) the High Court had directed for regularization of daily wage employees of a government company registered under section 617 of the Companies Act. The Company contended before the High Court that persons employed under it are not government servants but are governed by the Industrial Disputes Act and allied enactments. They do not - 2 - enjoy status on account of constitutional provisions and rules under Article 309 of the Government service. The Apex Court held that employees of a government company are entirely different from government servants who enjoy status and security of tenure on account of constitutional provisions. Articles 16, 309 and 311 are not available to those not in government service which is mere a matter of status and not of contract though the origin may be in contract. The mere fact that major shares may be held by the government will not make the employees government servants. The very opening lines of the advertisement are that the examination was being held for appointment by promotion of persons in Grade-IV in the Regional offices of the State Government to promote them to Class III posts. The petitioner was not employed on a Grade IV post in a Regional office under State Government. He essentially seeks, in pursuance of this examination, his entry into government service by fresh appointment. That is not permissible under the advertisement itself. The submission of the counsel for the petitioner that he fulfills the minimum educational qualification, therefore has no relevance to the issue. The application is misconceived and is accordingly dismissed. pkj (Navin Sinha, J)