IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5993 of 2010 NAGESH KUMAR, SON OF SHRI RAJDHAR CHOUDHARY, RESIDENT OF POWER HOUSE ROAD, GACHCHI TOLA, BEGUSARAI, P.S. BEGUSARAI TOWN, DISTRICT BEGUSARAI ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, PATNA. 2. BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, VATENARY COLLEGE, PATNA-14. 3. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETENARY COLLEGE, PATNA- 14. ----RESPONDENTS With CWJC No.6051 of 2010 BINOD KUMAR, SON OF SRI RAM NARESH PRASAD SINGH, RESIDENT OF VILLAGE KHANWAN (MADANPUR), P.S. NARHAT, DISTRICT NAWADA, PRESENTLY RESIDENT OF H/o SUMITRA DEVI (SUMITRA BAWAN) VIKASH COLONY, ROAD NO. 2, SANDALPUR, PATNA. ---- PETITOINER Versus 1. THE STATE OF BIHAR 2. COMMISSOINER-CUM-SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. BIHAR STAFF SELECTION COMMISSION THROUGH ITS CHAIRMAN, VETERINARY COLLEGE, P.S. GARDANIBAGH, PATNA. 4. SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, P.S. GARDANIBAGH, PATNA. ---- RESPONDENTS with CWJC No.5965 of 2010 HARENDRA KUMAR, SON OF LATE H.P. SINGH, RESIDENT OF MOHALLA KUNWAR SINGH NAGAR, JANTA ROAD, NEW YARPUR, P.O.- G.P.O., P.S. GARDANIBAGH, DISTRICT PATNA. ---- PETITIONER Versus 1. THE CHAIRMAN,BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA- 14. 2. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA-14. 3. THE EXAMINATION CONTROLLER, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA-14. ---- RESPONDENTS with CWJC No.6079 of 2010 RANJEET KUMAR SINGH @ RANJEET KUMAR, SON OF SHRI SURENDRA PRASAD SINGH, RESIDENT OF VILLAGE AND POST OFFICE PASPURA, P.S. MUFFASIL, DISTRICT BEGUSARAI ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, PATNA. 2. BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, VETERINARY COLLEGE, PATNA-14. 3. SECRETARY, BIHAR STAFF SELECTION COMMISSION, VETERINARY COLLEGE, PATNA- 14. ---- RESPONDENTS with CWJC No.6083 of 2010 SATYAKAM BHARTI, SON OF SRI RAM CHANDRA PRASAD SINGH, RESIDENT OF VILLAGE PAWRA (DHAB), P.S. BIRPUR, P.O. PANAPUR, DISTRICT BEGUSARAI. ----PETITIONER Versus 2 1. THE STATE OF BIHAR REPRESENTED THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, PATNA (BIHAR KARAMCHARI CHAYAN AYOG), POST VETERINARY COLLEGE, PATNA.-14. ---- RESPONDENTS with CWJC No.6169 of 2010 RANJAY KUMAR, SON OF KEDAR PRASAD SINGH, RESIDENT OF MOHALLA SRI HARSHNAGAR, P.S. MITHANPUR, DISTRICT MUZAFFARPUR. ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE TRANSPORT COMMISSIONER, VISHWESHVARAIYA BHAWAN, NEW SECRETARIAT, PATNA. 2. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, PATNA, P.O. VETERINARY COLLEGE, PATNA -14. 3. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, PATNA, P.O. VETERINARY COLLEGE, PATNA -14. 4. MEMBERS OF RE-SCRUTINY COMMITTEE, BIHAR STAFF SELECTION COMMISSION, PATNA UNDER THE CHAIRMANSHIP OF THE SECRETARY. ---- RESPONDENTS with CWJC No.6229 of 2010 BRAJESH KUMAR, SON OF SRI PRAMOD KUMAR, RESIDENT OF VILLAGE + P.O. MAN, P.S. TEKARI, DISTRICT GAYA. ---- PETITIONER Versus 1. THE BIHAR STAFF SELECTION COMMISSION, PATNA THROUGH ITS SECRETARY, HAVING OFFICE UNDER P.O. VETERINARY COLLEGE, PATNA – 800 014. 2. THE CHAIRMAN, BIHAR STAFF SELECTION COMMISSION, PATNA, P.O. VETERINARY COLLEGE, PATNA-14. 3. THE STATE TRANSPORT COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. ---- RESPONDENTS ----------- 3 26.4.2010 Heard the parties. The challenge in these writ applications is with respect to the appointment of Motor Vehicle Inspectors. This is the second round of litigation. The petitioners have challenged the decision of the re- constituted Committee for examining the eligibility criteria of the petitioners for the appointment on the post of Motor Vehicle Inspectors. This Committee was constituted by this Court in the order passed in CWJC No. 2371 of 2010 dated 18.2.2010. Some of the cases i.e. CWJC No. 5859 of 2010 and its analogous matters have been disposed of by this Court by a judgment 3 delivered on 23.4.2010. Another group of writ applications was to be heard by this Court as it involves certain disputed facts. The issues in this batch of writ applications are whether the ‘Prapatra-2’ was filed by the candidates at the time of submitting their application forms. In certain cases the objection of the re-constituted Committee was that the candidates did not fulfil the conditions of Rule 19. It has been stated that some of the petitioners did not have a badge at the time when their licence was renewed. The reason given by the petitioners is that the badge was out of stock however, they have stated their badge numbers. ‘Prapatra-2’ is a document which is signed by the District Transport Officer indicating that the candidate holds a driving licence for motorcycle, light motor vehicles, heavy goods vehicles and heavy passenger vehicles. The learned Advocate General has submitted in view of the decision taken by the Court in the earlier batch cases, the present objections by the Committee may be ignored and since the number of candidates who have applied for the post are only 174, the real test would be in judging their knowledge with respect to the maintenance and repair of the vehicles in question through the interview by the expert body. I may at this stage also state that all the petitioners have categorically stated that they have filed ‘Prapatra-2’ in accordance with the provisions of the advertisement. Some of the candidates have stated that on the earlier occasion when they had applied for 4 appointment on contract basis, their candidature was accepted and no objection was taken on the ground that ‘Prapatra-2’ was not annexed to the documents submitted before the Bihar Staff Selection Commission (hereinafter referred to as ‘the B.S.S.C.) for the purpose of being short listed. The learned Advocate General submits that the B.S.S.C. intends to take a driving test in view of the fact that there appears to be a dispute regarding grant of a driving licence. It is apprehended that in fact a number of persons cannot handle heavy vehicles such as buses or trucks. An objection may be raised that the advertisement does not contain the fact that the candidates would be called upon to face a driving test for heavy vehicles or light vehicles. I may clarify this aspect by stating that if the candidates are claiming to hold driving licence for heavy vehicles, then it is expected that they should know how to handle the vehicles. They may not be expert test drivers of heavy vehicles, but certainly they should be able to drive a vehicle smoothly. Therefore, any objection raised on this ground cannot be considered as a valid objection. In one of the writ applications which has been disposed of by me i.e. CWJC No. 5753 of 2010, an interlocutory application was filed making therein two prayers. Firstly that the respondents should hold the driving test and secondly i.e. driving test should be videographed. This Court has observed that it would be open for the B.S.S.C. to conduct a driving test. However, the court has not considered the second prayer made in the 5 interlocutory application 3365 of 2010 which is that the driving test should be videographed. It is submitted that if the driving test is not held, it would give a lot of leverage to the respondents to pass or fail a particular group of persons. I leave the decision to the B.S.S.C. It is expected that the authorities will act in a manner which is fair to all the candidates. Needless to say that no concession shall be made with respect to educational qualification. The interview dates may be fixed for last week of May/1st week of June considering that the Commission intends to hold a driving test. These writ applications are disposed of in terms of what has been held in CWJC No. 5859 of 2010 on 23.4.2010 and analogous cases along with the observations/directions given in the present batch cases. Sanjay (Sheema Ali Khan, J.)