Research › Search › Judgment

Patna High Court · body

2008 DIGILAW 372 (PAT)

State of Bihar v. Kumari Chandana

2008-02-20

body2008
ORDER 1. By this application the State of Bihar through Collector, Samastipur, has sought amendment of this Court's judgment dated 11.7.2007 passed in C.W.J.C. No. 11258 of 2006. The basic point why modification is sought is that while counter affidavits were filed in the writ petition, they were filed on basis of incorrect and inadequate instruction given. It is stated that in Bihar Staff Selection Commission Act, 2002 came into force in relation to technical and non-technical class III post. Accordingly, it is submitted that a letter from the Department of Personnel and Administrative Reforms was received pointing out that on coming into force of the aforesaid Act, the power of the Collector to make appointment under 1987 Rules for appointment of Village Level Workers/Village Extension Workers got transferred to the Staff Selection Commissioner and the Collector could not make such appointment. This direction from the Personnel Department was directly in conflict with the direction issued in 2006 itself from the Agriculture Department. It is further stated that the Collector, in fact, had issued advertisement No. 2 in the year 2006 but that could not be acted upon in view of the Act of 2002. 2. The petitioner has filed rejoinder to this application and pointed out that she was interviewed on 19.12.1990 alongwith other candidates, both agriculture and non-agriculture candidates. Large number of whom were appointed by the Collector at different times but petitioner was left out. This fact, only if verified by the State and respondent too, prima facie, is clear that 1987 Rules for appointment of Village Level Workers-Village Extension Workers is a special Rule and it authorizes Collector of the district to make appointment in the manner prescribed. Bihar Staff Selection Commission Act, 2002 would not take away such a power. The preamble to the said Act itself clear the position. The preamble clearly states that whereas the number of both competitive examinations and candidate have increased to a large scale and consequently responsibility of the Bihar Public Service Commission has increased mani fold, it has thus became necessary to constitute a separate Commission for the purpose to relieve the Bihar Public Service Commission from the responsibility of selection of candidates for the Class III post. Further Section 10, which deals with transfer of pending cases of appointment to the Staff Selection Commission also makes provision for transfer and restrains Bihar Public Service Commission from proceeding in the matter. There is no reference to other rules much less 1987 Rules, which confers power of appointment only on the Collector and not on the Bihar Public Service Commission. In my view, the said Act shall not apply and the Collector would continue to be competent to do what had been directed. 3. That being the position, the direction as issued in C.W.J.C. No. 11258 of 2006 requires no interference and/or for modification. 4. With the aforesaid observations and directions, this writ petition stands disposed of.