State of Jharkhand and Others vs Baleshwar Ravidas and Others

Dhirubhai Naranbhai Patel, J.

This letters patent appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P. (S) No. 5125 of 2006 vide order dated 23.01.2013. The writ petition preferred by respondent No. 1 herein has been allowed and, therefore, the original respondents have preferred the present appeal.

Learned counsel appearing for the appellants submitted that there was a need of Class IV employees in the State of Jharkhand in the year 2002, and, therefore, public advertisement was issued. The selection process was started through Selection Committee. The procedure adopted by the State was written test as well as physical test, which took quite longer time and ultimately a panel list of 676 candidates was finalized on 21.10.2005, out of which 308 candidates were recommended for appointment on Class IV posts. Out of this 308 recommended candidates, 22 candidates were returned by Kasturba Gandhi Girls High School district Hazaribag, mainly for the reason that those Class IV selected candidates were not having any technical knowledge of cooking and as it was a Girls High School those 22 candidates were male hence they were also returned. Therefore, further process of selection of 22 candidates was made and in the Scheduled Caste category the candidates who were at Serial No. 335, 351 and 385 were appointed, whereas the present respondent No. 1 (original petitioner) who was also a Scheduled Caste category candidate at Serial No. 370 in the select list was not selected. This has given birth to a writ petition bearing W.P. (S) No. 5125 of 2006 preferred by the respondent No. 1 which is allowed by the learned Single Judge and, therefore, letters patent appeal has been preferred.

It is contended by the learned counsel for the appellant that State has committed some mistake in appointment of a candidate who is at Serial No. 385. In fact, there are several candidates after Serial No. 308 who were knowing cooking, were also able to perform the duties as Class IV employee as a cooking labourer and there were certain female candidates also, but, a candidate at Serial No. 385 preferred one writ petition bearing W.P. (S) No. 4566 of 2008, which was allowed by this Court vide order dated 15.10.2008 and direction was given by this Court to consider his case and the State has hurriedly appointed him, therefore, the present respondent No. 1 who is at Serial No. 370 has filed the writ petition. Thus, the State has committed error in appointing a candidate at Serial No. 385, otherwise from Serial No. 309 onwards. There are good number of candidates who can be appointed at Kasturba Gandhi Girls High School at Hazaribag. This aspect of the matter has not been properly appreciated by the learned Single Judge. Moreover, now in the year 2008 new selection process has been started for Class IV employees and a final panel has also been prepared in the year 2010 and, therefore, nobody can be appointed from the old panel. This aspect of the matter has also not been properly appreciated by the learned Single Judge.

Learned counsel appearing for the respondent No. 1 submitted that no error has been committed by the learned Single Judge in giving a direction to this appellant-State to consider the case of the respondent No. 1 (original petitioner) afresh, because the State has appointed Scheduled Caste category candidate who is at Serial No. 385, whereas petitioner is also a Scheduled Caste category candidate and in the select list he is at Serial No. 370. The respondent No. 1 also knows cooking and he is also very efficient to work as cooking labourer and he also knows to do some other technical work. This aspect of the matter has been properly appreciated by the learned Single Judge. Hence, the direction given by the learned Single Judge may not be quashed and set aside in this letters patent appeal. The State is discriminating between the Scheduled Caste category candidates. A candidate at Serial No. 385 is appointed whereas a candidate at Serial No. 370 is moving from pillar to post, hence this letters patent appeal may not be entertained by this Court. It is further submitted by the learned counsel for respondent No. 1 (original petitioner) that the appellant-State has already given appointment to the original petitioner on provisional basis as Class IV employee vide order dated 31.10.2014.

Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this letters patent appeal, mainly for the following facts and reasons:

"(I) The State of Jharkhand was in need of Class IV employee and, therefore, public advertisement was issued on 24.04.2002. Selection committee was constituted and the selection process was also finalized.

(II) Several candidates appeared in the selection process of written test as well as physical test and ultimately panel of 676 selected candidates was prepared. The respondent No. 1 (original petitioner) is at Serial No. 370 being a Scheduled Caste category candidate.

(III) It appears that out of 676 selected candidates for Class IV post, 308 candidates were recommended for appointments at various places in the State of Jharkhand including at Kasturba Gandhi Girls High School district Hazaribagh.

(IV) It further appears from the facts that from the aforesaid School at Hazaribagh, 22 Class IV employees were returned mainly for the reason that they were not having a sufficient technical knowledge of cooking, plumbering activity etc. and also for the fact that they were male candidates, whereas the aforesaid School was having a Girls High School, they were in need of female candidates.

(V) This has resulted into further selection of 22 candidates from the remaining selected candidates who are known as waitlist candidates.

(VI) Thus from Serial No. 309 onwards the waiting list ought to have been operated, but, in the State there is no much clarity in a service jurisprudence with the State authorities and hence, the State authorities had randomly selected the candidates. Wide discretion is being used by the State authorities, without any guidance. This unguided discretion has resulted into discrimination.

(VII) The selection of these 22 candidates has given birth to more than one matters in this Court. One is filed by Scheduled Caste category candidate, who is at Serial No. 385. He preferred W.P. (S) No. 4566 of 2008, which was decided by this Court vide order dated 15.10.2008 and a direction was given by this Court to the State of Jharkhand to consider the case of a candidate at Serial No. 385, who belongs to Scheduled Caste category. Again second error has been committed by the State authorities because there is lack of proper awareness on the part of the State officials. They have straightway appointed a candidate who is at Serial No. 385, leaving aside several other similarly situated candidates who are in between Serial No. 309 to 385 due to these overlapping errors on the part of the State officials, one more writ has been filed. Respondent No. 1 has filed W.P. (S) No. 5125 of 2006.

(VIII) It appears that the present respondent No. 1 is at Serial No. 370 and he is also a Scheduled Caste category candidate. He is absolutely equal to the candidate who is at Serial No. 385, who has already been appointed by the State as Class IV employee. Therefore, in the writ petition preferred by the respondent No. 1 bearing W.P. (S) No. 5125 of 2006, a direction has been given by the learned Single Judge vide order dated 23rd January, 2013 which is as under:

"In these circumstances, the respondents are directed to consider the case of the petitioner, in accordance with the law, for appointment to the post of Class-IV in the district of Hazaribagh upon fulfillment of other eligibility criteria and upon presentation of certificates as are required under the advertisement for appointment of such person. Let such exercise be completed within a period of six weeks from the date of receipt/production of a copy of this order.

This writ petition stands disposed of in the aforesaid term."

(IX) No error has been committed by the learned Single Judge in giving these directions to the appellant-State. It appears that the direction is given to the State authority to consider the case of respondent No. 1 (original petitioner) in accordance with law. Even though the words in accordance with law are not used, it ought to be kept in mind by the State that whenever any order is passed by this Court that the State has to consider the case of any candidate, it has to be considered in accordance with law, rules, the regulations, the Government policy and the Government circulars applicable to the facts of the case.

(X) It appears that State should have drafted by now, the rules for the post in question. The State has been separated from the erstwhile State of Bihar on 15th November, 2000. There is dire need of enactment of the rules so that every year the selection process can be started. The select list and the waiting list will be prepared. This type of list remains for a particular period as per the rules. If there is any Law Commission in the State, this job of proper recommendation should be given to the Law Commission by the State of Jharkhand after comparative study of such type of rules, prevailing in the different States of India. Looking to the need of the Jharkhand State, the rules can be recommended by the Law Commission of the State and it may be enacted after inviting proper suggestions or objections from the relevant corners of the State of Jharkhand. For every post in the State of Jharkhand, there is need of enactment of rules, describing properly the qualifications, eligibility, disabilities etc. We have observed in a several matters in the State of Jharkhand that for several Governmental posts in the State of Jharkhand every district is giving different advertisement. Different are the qualifications, different are the age limit. This type of random process of selection cannot be tolerated in the rule of law. Much time has been lapsed after bifurcation of the State. It is now high time for the State to enact the rules for each and every post, in the Government of Jharkhand."

As a cumulative effect of the facts, reasons and judicial pronouncements, there is no substance in this letters patent appeal. Hence, this letters patent appeal is, hereby dismissed.

A copy of this order will be sent by the Registrar General of this Court initially by FAX and thereafter by registered post to the Chief Secretary of the State of Jharkhand

I.A. No. 5798 of 2014 is not pressed by the learned counsel for the applicant, hence it is disposed of, as not pressed.

In view of the final order passed in this letters patent appeal, I.A. No. 4684 of 2014, is also disposed of.