IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4109 of 2009 1. Md. Shamshad Anwar, Son of Late Akhtraul Hassan, Resident of Village Jirwa, P.S.-Uchchkagaon, District-Gopalganj. 2. Rama Nand Prasad Singh, Son of Sri Ramashish Singh, Resident of Dahi Bhatta, P.S.- Uchchkagaon, District-Gopalganj. 3. Shekh Hasmullah, Son of Shekh Naimuddin, Resident of Village-Pandey Parsa, P.S.- Phulwaria, District-Gopalganj. ………………………………… Petitioners Versus 1. The State of Bihar through the Principal Secretary, Science and Technology, Government of Bihar, New Secretariat, Patna. 2. Principal, Government Polytechnic College, P.S.- Bishambarpur, District-Gopalganj. 3. The Secretary, Personnel and Administrative Reforms, Government of Bihar, Old Secretariat, Patna. 4. Bihar Public Service Commission, Bailey Road, Patna through its Secretary. …………………………………. Respondents ----------- 3. 22.5.2009 Heard Mr. Amber Nath Banerjee, counsel for the petitioners and the counsel for the Commission as also the counsel for the State. It would appear that the petitioners were earlier working as part time lecturer followed by their appointment on contract. Their services, however, were dispensed with and they had come to this Court. This Court did not interfere in the order of termination and made the following observation: “In case, however, in future the Government makes appointments for 2 those Polytechnics, the petitioners will be surely entitled to relaxation in age to the extent of their service period and for some reasonable weightage for their past satisfactory services.” There is no dispute that this order of the learned Single Judge has also since been affirmed in L.P.A. and therefore, the aforementioned observations now become a binding direction for the Commission and the State Government. Counsel for the petitioners in fact would submit that in the advertisement that was issued there was a clause for giving relaxation of age but that was not in the spirit of the judgment of the High Court. Counsel for the State in this regard now placed before this Court paragraph 7 of the counter affidavit, which reads as follows: “It is stated that relaxation of age, has been granted to the part time lecturers as directed by the Hon’ble Court in C.W.J.C.No. 11572/1999. The petitioners have submitted a representation before the respondent authorities for the same relief acting upon the said 3 representation the respondent authorities have initiated the process to grant age relaxation to the petitioners, as directed by this Hon’ble Court in C.W.J.C.No. 2844/2001 and analogous cases. The file has been sent to the personnel and Administrative Reforms Department for the approval of the said proposal. As soon as the approval is received by the respondent authorities, it will be communicated to Bihar Public Service Commission to grant relaxation of age to the petitioners and similarly situated persons.” As a matter of fact such stand in paragraph 7 of the counter affidavit would go to show that the Government is really serious in implementing one of the two parts of the direction of this Court, as quoted above. Counsel for the State would like to acquaint himself as to mode and manner in which both parts of the judgment will be given effect to i.e. both with regard to age relaxation as also giving such reasonable weightage for their past satisfactory services. While this Court would not like to 4 make any observation on this aspect of the matter at this stage, it must, however, indicate that giving weightage can always be considered even at the time of interview to the candidates who would qualify on the basis of written examination. In fact at that stage giving weightage may have some meaning or purpose because that direct recruitment will also be made only amongst the person who would qualify for the interview and thus a certain percentage of marks for interview can be only fixed for giving such weightage. It would be, however, open for the Government and the Commission to evolve its own mode and methodology for giving effect to the order of this Court dated 26.6.2001 which now has become binding between the parties. Since the Government itself has already been seriously contemplating to consider all these aspects, this Court would not like to keep this writ petition pending any longer and would dispose of the same with the observation and direction that the order of this Court in the earlier writ 5 petition, as quoted above, must be complied in letter and spirit so that the petitioners may get the benefit of such observation. It is made clear that in view of the aforementioned direction of this Court the applications of none of the petitioners will be rejected by the Commission on the ground of age and if it has been done so the commission will revise its order. This application is, accordingly, disposed of. Let a copy of this order be given to S.C.16. (Mihir Kumar Jha,J.) Surendra/