IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3297 of 2010 SANTOSH KUMAR SINGH son of late Sundar Prasad Singh, resident of Savera Sada, Road No. 1, Postal Part, P.S. Kankarbagh, District Patna … … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Ramanand Singh, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna, 3. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 4. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re- Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary… … .. Contemnors/Opp. Parties. with MJC No.4127 of 2010 SUNIL KUMAR SINGH son of Ram Charan Singh, resident of village Madhurapur Area, P.S. Tengra, District Begusarai … … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Uday Singh Kumabat, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna, 3. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 4. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re- Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary… … .. Contemnors/Opp. Parties. 2 with MJC No.927 of 2011 MIRTUNJAY KUMAR SINGH, son of Ram Sundar Singh, resident of village – Goh Golapar, P.S. Goh, District Auragabad ….. Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Rahul Singh, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna 3. Mr. Uday Singh Umabat, Secretary, Transport Department, Govt. of Bihar, Patna 4. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 6. Mr. Zamiluddin Ansari, Controller of Examination, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna – 14 7. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re-Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary.. … Contemnors/Opp.Parties with MJC No.928 of 2011 SANJAY KUMAR TIGER, Son of Sri Ramji Prasad, Resident of Mohalla – Mangala Nagar , Ramchandrapur, Biharsharif, P.S. Laheri, District Nalanda …. Petitioner Versus 1. THE STATE OF BIHAR 2. Mr. Rahul Singh, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna 3. Mr. Uday Singh Umabat, Secretary, Transport Department, Govt. of Bihar, Patna 4. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 3 6. Mr. Zamiluddin Ansari, Controller of Examination, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna – 14 7. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re-Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary .... Contemnors / Opp. Parties with MJC No.890 of 2011 ARUN KUMAR, Son of Late Ram Naresh Singh, resident of Bhushan Lane, East Lohanipur, P.S. Kadamkuan, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Rahul Singh, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna 3. Mr. Uday Singh Umabat, Secrertary, Transport Department, Govt. of Bihar, Patna 4. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 6. Mr. Zamiluddin Ansari, Controller of Examination, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna – 14 7. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re-Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary ….. Contemnors / Opp. Parties with MJC No.1467 of 2011 RANJEET KUMAR SINGH @ RANJEET KUMAR, Son of Shri Surendra Prasad Singh, resident of village and P.O. Paspura, P.S. Muffassil, District Begusarai …Petitioner Versus 1. STATE OF BIHAR through the Secretary, Department of Transport, Govt. of Bihar, Patna, 4 2. Bihar Staff Selection Commission, through its Secretary, Veternary College, Patna - 14, 3. Mr. Amarendra Narayan Singh son of not known to the petitioner, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 4. Mr. Baidyanath Prasad Daftuyar son of not known to the petitioner, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, … .. Contemnors/Opp. Parties. with MJC No.1447 of 2011 NAGESH KUMAR, son of Shri Rajdhar Choudhary, resident of Power House Raod, Gachchi Tola, Begusarai, P.S. Begusarai, District Begusarai… … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Department of Transport, Govt. of Bihar, Patna 2. Bihar Staff Selection Commission, through its Secretary, Veterinary College, Patna - 14, 3. Mr. Amarendra Narayan Singh son of not known to the petitioner, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 4. Mr. Baidyanath Prasad Daftuyar son of not known to the petitioner, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, .. Contemnors/Opp. Parties. with MJC No.1448 of 2011 PANKAJ KUMAR, Son of Shri Bipin Shankar Prasad Singh, resident of village and P.O. Durgapur, P.S. and District Khagaria …. Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Department of Transport, Govt. of Bihar, Patna 2. Bihar Staff Selection Commission, through its Secretary, Veterinary College, Patna - 14, 3. Mr. Amarendra Narayan Singh son of not known to the petitioner, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5 4. Mr. Baidyanath Prasad Daftuyar son of not known to the petitioner, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, … .. Contemnors/Opp. Parties. with MJC No.1417 of 2011 SATYENDRA NARAYAN MISHRA son of Shri Phulena Mishra, residentof mohalla Balua Tal, Police Station Motihari, District East Champaran … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-800014, 3. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-800014, ….. Contemnors/Opp. Parties. with MJC No.1424 of 2011 CHANDRA PRAKASH son of Shri Narendra Kumar Verma, resident of Mohalla Chandmari Ekwana, Police Station Motihari, District East Champaran … … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-800014, 3. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-800014, ….. Contemnors/Opp. Parties with MJC No.1606 of 2011 AJAY KUMAR SINGH son of Ram Sewak Singh, resident of village Atardah, Police Station Sadar, District Muzaffarpur … … Petitioner Versus 1. THE STATE OF BIHAR, 2. Mr. Rahul Singh, the Transport Commissioner, Vishweshvaraiya Bhawan, New Secretariat, Patna 6 3. Mr. Uday Singh Umabat, Secretary, Transport Department, Govt. of Bihar, Patna 4. Mr. Baidyanath Prasad Daftuyar, the Secretary, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 5. Mr. Amarendra Narayan Singh, the Chairman, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna-14, 6. Mr. Zamiluddin Ansari, Controller of Examination, Bihar Staff Selection Commission, Patna, P.O. Veterinary College, Patna – 14 7. Mr. Raj Kishore Prasad Sinha, Mr. Atul Kumar Singh and Mr. Baidyanath Prasad Daftuyar, Members of Re-Scrutiny Committee, Bihar Staff Selection Commission, Patna under the Chairmanship of the Secretary ….. Contemnors / Opp. Parties For the Petitioners: M/s Abhay Kumar Singh No. 1, Y.V. Giri, Umesh Pd. Singh, Sr. Advocates M/s Lakshman Lal Pandey, B.P. Sinha, Mrityunjay Kumar, Raju Giri, Manu Shankar Mishra and Manoj Kumar, Advocates For the Intervenors: M/s Rajendra Pd. Singh, Shakil Ahmad Khan, Chittaranjan Sinha, Basant Kumar Choudhary, Sr. Advocates M/s Ashok Kumar Jha, Bidhu Ranjan, Manish Kumar Singh, Advocates For Staff Selection: Mr. Jitendra Singh, Sr. Advocate, Mr. S.S. Sundaram, Advocate For the State: M/s Deepak Kumar & Umesh Kumar, AC to GP I ----------- 11 27.04.2011 Heard learned counsel for the parties including the intervenors. The subject matter of these contempt proceedings is appointment to the post of Motor Vehicle Inspector in the 7 State of Bihar pursuant to an advertisement dated 17th August, 2007. While the selection process was going on in accordance with the Statutory Rules and the terms of the advertisement, a batch of writ petitions were filed and considered by a learned single Judge and final order was passed in C.W.J.C. Nos. 5859 of 2009 and other analogous cases on 23.04.2010 allowing the writ petitions in limited terms by holding that the writ petitioners had been wrongly denied eligibility to face interview on hyper-technical approach and by making unnecessary distinction between the terms “repairing”, “overhauling” and “inspection” in the context of the experience certificates of the candidates having degree/diploma in Automobile Engineering. The Writ Court, therefore, directed that all the petitioners disqualified for interview on the basis of such test be permitted to face the interview like 20 candidates, who had already faced the interview on 12.04.2010. The results were directed to be declared in one single transaction, so that the seniority of the writ petitioners may not be affected on account of their interview being held on later date. While considering L.P.A. No. 905 of 2010 and other analogous 8 appeals preferred against the aforesaid order of the Writ Court an interim order dated 21.05.2010 was passed by a Division Bench of this Court directing the Commission/ Interview Committee to respect the view of the Writ Court interpreting the words “repairing”, “overhauling” and “inspection” and keep this interpretation in mind at the time of interview of the writ petitioners. But it was clarified that the required experience must be from any engineering workshop registered under the Factories Act as per requirement of the Rules and advertisement. It was also clarified that the Commission shall ensure that the candidates have the required driving licence duly certified in „Prapatra-ii‟ as per requirement of the Rules and advertisement. The interim order permitted publication of the result as per the selection made by the Commission, but it was observed that the results and appointments, if any, shall be subject to final decision in the appeals. The Letters Patent Appeals came up for final disposal before another Division Bench. By order dated 01.09.2010 the appeals were finally disposed of. That order took notice of the statutory Rules governing the recruitment, particularly Rule 5 of the Rules which provides for 9 eligibility including educational qualification, experience and other requirements. The Division Bench found that the Rules are clear and unambiguous and there was no scope of any dispute in respect of interpretation of the Rules. The Bihar Staff Selection Commission, the recruiting agency, was bound to make recruitment in consonance with the statutory Rules. The interim order dated 21st May, 2010 was also noticed particularly in respect of the directions for re- scrutinising the driving licence; for holding interview for driving test and to make selection and appointment. It was held that the order dated 21st May, 2010 shall be treated as an end to the issues involved in those appeals. It was further held that no further order was required to be made and all the appeals and applications were disposed of. On behalf of the writ petitioners, some of whom preferred these contempt applications, it has been submitted that the Bihar Staff Selection Commission was obliged to respect the interpretation made by the Writ Court and upheld by the Division Bench in the interim order, so far interpretation of the terms “repairing”, “overhauling” and “inspection” is concerned and on the basis of such interpretation as given by the Writ Court, the Commission 10 was bound to call all the writ petitioners for interview and driving test, etc. so as to complete the recruitment process as per law. According to the petitioners, the action of the Commission in not calling the writ petitioners for interview by ignoring the interpretation of the three terms given by the Writ Court as also approved by the Division Bench amounts to disregard of the orders of this Court and punitive action may be taken against the responsible party for committing contempt of this Court. In reply learned counsel appearing for the Commission has fairly submitted that the Letters Patent Appeals were not preferred by the Commission or the State and the Commission has acted bona fide upon a possible interpretation of the final order of the Division Bench disposing of these appeals on 01.09.2010. According to him, since the final order did not find the Rules ambiguous, the interpretation of three terms given by the Writ Court and approved by the Division Bench at the interim stage in order dated 21.05.2010 could not be treated to be a direction of Division Bench in the final judgment and order dated 01.09.2010. However, ultimately learned counsel submitted that in case this Court comes to a different finding and 11 issues positive direction to abide by the interpretation of the three terms given by the Writ Court, then the Commission shall follow such a direction and consider the cases of the writ petitioners afresh in the light of such interpretation and other directions including those in the order of Division Bench dated 21.05.2010. Having considered the rival submissions and the relevant orders of this Court, we are of the considered view that the interpretation of three terms given by the learned Writ Court was adopted by the Division Bench in the interim order and the final order is clearly to the effect that the order dated 21st May, 2010 shall be an end to the issues involved in these appeals. Hence the interim views expressed in the order dated 21st May, 2010 have attained finality in the light of the final order. As such, we find merit in the argument advanced on behalf of the petitioners and considering the stand taken by the Commission we direct the Commission to reconsider the cases of the writ petitioners in the light of the findings given above, if they are found eligible for interview and driving test, etc., on account of the interpretation of the three terms “repairing”, “overhauling” and “inspection”. This exercise should be 12 completed expeditiously and in any case, within two months from today. We make it clear that if some other writ petitions have been disposed of by following the order of the learned single Judge dated 23.04.2010 then cases of those writ petitioners should be treated in similar fashion if their candidature was rejected on hyper-technical view taken in respect of meaning of the three words noticed earlier. On behalf of the opposite parties, our attention was drawn to order passed in these cases on 04.04.2011, which shows that the selection process of 20 selected candidates can go on without being affected by the writ petitioners as 39 posts still remain to be filled up. That order has made it clear that 20 selected candidates have no objection to the fixation of seniority as per the Rules in case the petitioners succeed in these contempt applications. That order makes it abundantly clear that selection of 20 candidates is not the subject matter of these contempt applications and the Court will not delve on the merit of appointment of those 20 candidates already selected. In view of that order, it is expected that the Transport Department of the State of Bihar will not linger with the appointment of 20 selected candidates and complete the 13 appointment in the light of the recommendations made by the Commission at the earliest, preferably within four weeks. It is made clear that inter-se seniority of all appointees will be governed by the order dated 04.04.2011 as noticed above. All the matters are finally disposed of. SC (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)