IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9668 of 2009 1. ARUN KUMAR RANJAN, SON OF LATE BECHAN PRASAD, RESIDENT OF VILLAGE BAISA, P.S. PARBATTA, DISTRICT KHAGARIA. 2. ANIL KUMAR SON OF LATE MATHURA PRASAD, RESIDENT OF VILLAGE RAIPUR KOYALBIGHA, P.S. THARTHARI, DISTRICT NALANDA. 3. GHANSHYAM SHUKLA SON OF SRI CHANDRABHUSHAN SHUKLA, RESIDENT OF VILLAGE SHISBANIA, P.S. LAURIYA, DISTRICT WEST CHAMPARAN—PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF INDIA, NEW DELHI. 2. STATE OF BIHAR. 3. AGRICULTURE PRODUCTION COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 4. SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA. 5. DIRECTOR, AGRICULTURE, GOVERNMENT OF BIHAR, PATNA---RESPONDENTS. WITH CWJC No.9670 of 2009 1. UMA SHANKAR SINGH SON OF SRI DINESHWAR SINGH, RESIDENT OF BAJRANGPURI, P.O. GULZARBAGH, P.S. ALAMGANJ, DISTRICT AND TOWN OF PATNA. 2. ASHOK KUMAR CHAUBEY SON OF SRI RAMCHANDRA CHAUBEY, RESIDENT OF BIBIGANJ, SOMESHWAR STHAN, JAIL ROAD, BUXAR. 3. ANIL KUMAR SHUKLA SON OF SRI PARMATMA SHUKLA, RESIDENT OF VILLAGE BHATHA, P.O. BHATHA SONHO, DISTRICT SARAN(CHAPRA). 4. SUBODH KUMAR SON OF SRI HARENDRA PRASAD THAKUR, RESIDENT OF VILLAGE MANPURA, P.O. ANIRUDHA BELSHAR, DISTRICT VAISHALI, HAJIPUR. 5. PROMOD KUMAR SINGH SON OF LATE RAM LAKHAN SINGH, RESIDENT OF VILLAGE MUKUNDPUR, P.O. BASANTPUR, VIA DESRI, DISTRICT VAISHALI HAJIPUR----PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE STATE OF BIHAR. 3. THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT-CUM-AGRICULTURE PRODUCTION COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 4. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR, AGRICULTURE, BIHAR, PATNA---RESPONDENTS. For the Petitioners : M/S Ajay Kumar Thakur, Imteyaz Ahmad, Pawan Kumar-1, Shyama Prasad Mukherjee(Sr.Adv.), Shanti Pratap, Advocates. For the State : M/s. SC-22, Kaushal Kumar Jha, SC-18, Advocates. For the Union of India : Mr. Sudhir Singh, Advocate. ----------- 03. 13.08.2009 In compliance of my order dated 12.8.2009, Dr. B.Rajender, the Director, Agriculture, Bihar, Patna is present. It is submitted by him that the order bearing Memo No. 3847 dated 23.7.2009, Annexure-1 has been passed by the Agriculture Production Commissioner, Bihar, Patna in compliance of the orders of this Court dated 13.7.2009 passed in C.W.J.C. No. 7366 of 2009, Annexure-10. - 2 - Such fact does not appear from order dated 23.7.2009, Annexure-1. Accordingly order dated 23.7.2009, Annexure-1 is quashed and the matter is remitted back to the Agriculture Production Commissioner, Bihar, Patna who should pass fresh order in the matter in consultation with the personnel and Administrative Reforms Department of the State Government about the validity of Clause 2 of the Advertisement dated 13.6.2009 so as to make the same in tune with the resolution of the State Government dated 18.7.2007 as also the advertisement dated 11.6.2008 and 8.1.2009 issued by the Agriculture Department of Government for the post of Village Extension Worker as contained in Annexures-4 and 5.. 2. In the event, the authorities are of the opinion that for appointment on the post of Subject Matter Specialist, the contents of resolution dated 18.7.2007 and advertisement dated 11.6.2008 and 8.1.2009, Annexures-4 and 5 need not be adhered to then for such variance the authorities would be duty bound to record reasons. Necessary compliance in this regard be made by the authorities as early as possible, in any case within one month from the date of receipt/production of a copy of this order. Any appointment made, in the meanwhile shall be subject to the order of the authorities. 3. Both the writ applications are, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)