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2005 DIGILAW 852 (PAT)

Sunil Kumar Sinha v. State of Bihar

2005-09-19

body2005
NARAYAN ROY, J.:–Heard counsel for the parties. 2. The writ petitioners have challenged the appointments of respondents nos. 5 to 19 on the post of peons, stenographers and clerks in the Judgeship of Vaishali. 3. The bone of contention of the learned counsel for the petitioners is that the procedures known to law were not followed for appointments on the post of peons, stenographers and clerks and appointments have been made in most arbitrary manner in utter disregard of the merits of the petitioners. 4. Statements have been made in the writ application saying that for appointment of peons oral tests were taken and they were not subjected to any written test and, therefore, the selection process was concluded contrary to the rules. 5. Learned counsel appearing on behalf of the State and private respondents, on the contrary, submitted that for the post of peons there was no requirement in law to take written test, but so far as the stenographers and clerks are concerned, they were subjected to written test and also the interview and on the basis of the marks secured by them both in written test and in the interview, a merit list was prepare. Learned counsel, therefore, submitted that petitioners have not made out any case for interference by this Court and in any view of the matter, it would not be proper for this Court to unseat the private respondents who continued to work on their respective post since the month of July, 1989. 6. Different sets of counter affidavits have been filed on behalf of the respondents. 7. In the counter affidavit filed on behalf of the District and Sessions Judge, Vaishali, it is stated that certain posts of peons, stenographers and clerks of Civil Court, Vaishali were published in the news paper, namely, 'Aaj' on 20th July, 1988 after due permission of the High Court. Pursuant to the advertisement, several persons including the petitioners applied for the post. Interview letters were issued to the candidates so far as the post of peons are concerned and the persons who had applied for the post of stenographers and clerks were asked to appear in the written test to be held in the premises of the Civil Court under the supervision of a duly constituted committee. Interview letters were issued to the candidates so far as the post of peons are concerned and the persons who had applied for the post of stenographers and clerks were asked to appear in the written test to be held in the premises of the Civil Court under the supervision of a duly constituted committee. The person who had qualified for the post of clerks and stenographers in the written test were called for the interview and they were interviewed by the Committee and on the basis of the marks secured by them, a panel was prepared. So far as the post of peons are concerned since there was no requirement of any written test for the peons, they appeared before the Board for interview and the members of the Board awarded certain percentage of marks to them on the basis of their performances and a separate panel of the successful candidates was prepared for the post of peons. It is further stated in the counter affidavit that on the basis of the merit list prepared by the Committee the successful candidates were selected for appointment after due approval granted by the High Court and, accordingly, they reported their joining. It is also stated in the counter affidavit that none of the petitioners secured cut-off marks of 50 per cent for the post of stenographers and clerks nor they had secured the requisite marks in oral test for the post of peons. 8. No other defects have been pointed out in selection of the private respondents. 9. Having heard the learned counsel for the parties and in view of the discussions aforementioned, I do not find any merit in this writ application. It is accordingly dismissed. 10. No costs.