IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9520 of 2009 1. UMESH KUMAR, SON OF RAM CHANDRA RAI ‘AARSI’, RESIDENT OF VILLAGE AND P.O. JITWARPUR NIZAMAT, WARD NO.12, SAMASTIPUR, P.S. AND DISTRICT SAMASTIPUR. 2. SUJIT KUMAR VERMA SON OF LATE KISHORE PRASAD, RESIDENT AT MOHALLA SHEKH TOLI, WARD NO.24, P.O., P.S. AND DISTRICT SAMASTIPUR. 3. PRABHAT KUMAR SON OF SRI JIVESHWAR PRASAD SINGH, RESIDENT OF VILLAGE AND P.O. BATHUA P.S. MUSRIGHARARI, DISTRICT SAMASTIPUR. 4. BAL MUKUND MISHRA SON OF SRI JAY NARAYAN MISHRA, RESIDENT OF SRIKRISHNAPURI(EAST), WARD NO.5, KASHIPUR, P.S. AND DISTRICT SAMASTIPUR. 5. ANIL KUAMR ROY, SON OF SRI TEJ NARAYAN ROY, RESIDENT OF VILLAGE AND P.O. BELSANDI VAYA KALAYANPUR CHOUK, P.S. CHAK MEHSI, DISTRICT SAMASTIPUR. 6. GANESH KUMAR CHAUDHARY SON OF SRI RAGHUNANDAN CHAUDHARY, RESIDENT OF VILLAGE JHAKARA, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR. 7. MUKESH KUMAR CHAUDHARY SON OF DEOKARAN CHAUDHARY, RESIDENT OF VILLAGE BHADAIYA, P.O. BHADAIYA, P.S. MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. 8. HARI DARSHAN CHAUDHARY SON OF BANGALI CHAUDHARY, RESIDENT OF VILLAGE AND P.O. PATAILY VIA UJIARPUR, DISTRICT SAMASTIPUR. 9. UMESH KUMAR SON OF RAM BARAN RAY RESIDENT OF VILLAGE JITWARPUR NIZAMAT, P.S. SAMASTIPUR(TOWN), DISTRICT SAMASTIPUR 10. PREM CHANDRA ROY SON OF SRI MAHAVIR ROY, RESIDENT OF VILLAGE HAKIMABAD KHARAJ, P.S. SAMASTIPUR (TOWN., DISTRICT SAMASTIPUR)---PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. 5. THE SECRETRY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS GOVERNMENT OF BIHAR, PATNA. 6. THE COLLECTOR CUM DISTRICT MAGISTRATE, VAISHALI AT HAZIPUR. 7. THE COLLECTOR CUM DISTRICT MAGISTRATE, MUZAFFARPUR. 8. THE COLLECTOR CUM DISTRICT MAGISTRATE, KATIHAR. 9. THE COLLECTOR CUM DISTRICT MAGISTRATE, PURNIA. 10. THE COLLECTOR CUM DISTRICT MAGISTRATE, MADHUBANI. 11. THE COLLECTOR CUM DISTRICT MAGISTRATE, SAMASTIPUR. 12. THE DISTRICT AGRICULTURE OFFICER, VAISHALI AT HAZIPUR. 13. THE DISTRICT AGRICULTURE OFFICER, MUZAFFARPUR. 14. THE DISTRICT AGRICULTURE OFFICER, KATIHAR. 15. THE DISTRICT AGRICULTURE OFFICER, PURNIA. 16. THE DISTRICT AGRICULTURE OFFICER, MADHUBANI. 17. THE DISTRICT AGRICULTURE OFFICER, SAMASTIPUR-----RESPONDENTS. ----------- 02. 11.08.2009 Learned counsel for the petitioners is permitted to correct the names and addresses of the petitioners. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners are Agriculture Graduate. They have filed this writ application questioning the vires of Clause-7 of the Advertisement, Annexure-4 issued by the Agriculture Department of the State Government for filling up the post of Subject Matter - 2 - Specialist. The challenge is to Clause 7 of the Advertisement whereunder only the residents of the District and if they are not available in sufficient number then the residents of the other District are entitled to apply for being considered for such appointment. 4. It is submitted on behalf of the petitioners that Clause-7 of the Advertisement is in teeth of Article 16 of the Constitution of India, which inter alia provides for no restriction in the matters of employment in regard to place of birth and residence. In this connection, it is pointed out that Clause-7 of the Advertisement is also contrary to the resolution of the State Government dated 18.7.2007, Annexure-1, which inter alia lays down the guidelines for appointment on contract basis by the authorities of the State. It is submitted with reference to Annexure-1 that there is absolutely no restriction under Annexure-1 to consider only those who are residents of the particular district for appointment in that district. In the light of the contents of Annexure-1, further instructions issued by the Agriculture Department dated 6.1.2009, Annexure-2 and 5.6.2009, Annexure-3 as also Clause 7 of the Advertisement, Annexure-4 which inter alia provides for appointment of the residents of the District is required to be re- considered by the authorities. 5. Having heard counsel for the parties, I direct the petitioners to represent before the Principal Secretary of the Personnel Department of the State Government highlighting in the representation that Clause-7 of the Advertisement and the instructions of the Agriculture Department dated 6.1.2009 and 5.6.2009, Annexures-2 - 3 - and 3 are in teeth of the policy decision of the State Government contained in resolution dated 18.7.2007, Annexure-1 as also Article- 16 of the Constitution of India. Learned Principal Secretary shall be obliged to consider the representation of the petitioners as early as possible, in any case within one month from the date of its receipt. Any appointment made in the meanwhile, pursuant to Advertisement, Annexure-4 shall be subject to the result of the representation filed by the petitioners. This writ application is, accordingly, disposed of. Let this order be transmitted to the respondent authorities through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha, J.)