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2011 DIGILAW 108 (SC)

Nand Kishore Ojha v. Anjani Kumar Singh

2011-01-19

ALTAMAS KABIR, H.L.DATTU

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ORDER : 1. On 7th December, 2010, certain incongruities in the list of eligible candidates furnished by the State of Bihar, were pointed out on behalf of the petitioners. As a result, the State of Bihar was directed to bring out a fresh list within four weeks in terms of the orders passed on 9th December, 2009, and 12th May, 2010, in order of seniority, incorporating the names of each and every candidate and the category to which they belonged. Since the exercise undertaken by the State did not reflect the same, today when the matter is taken up, a fresh list has been filed, but the incongruities still remain. It is also unfortunate that the petitioners were not effectively participating in the exercise, as a result of which the anomalies have not been completely eliminated. 2. Having heard learned counsel for the respective parties and since we are of the view that the matter should not be allowed to linger any further, we have no other alternative but to direct that the list now submitted be reconsidered once again, but in the presence of the counsel of the respective parties and a senior advocate of this Court. The said exercise may involve three or four different stages. The first stage would be for the petitioners and those who have been allowed to intervene, to point out anomalies which according to them, still exist in the list and the same is to be pointed out to the learned counsel for the State of Bihar within two weeks from date. In addition, since a submission has been made by Mr. Upadhyay that certain names have not been included in the list, although they are eligible, he will be entitled to point out the same to the advocate for the State of Bihar within the said period. 3. On receipt of the same, the State shall look into the objections, and, thereafter, arrange to obtain the records relating to each of such candidates in respect of whom such objections are raised. Within two weeks after such objections are filed, the second meeting shall be held in which the learned counsel for the State of Bihar and the other parties shall sit together to work out the anomalies or the incongruities. 4. Within two weeks after such objections are filed, the second meeting shall be held in which the learned counsel for the State of Bihar and the other parties shall sit together to work out the anomalies or the incongruities. 4. If necessary, further sittings may be held after four weeks to iron out all the creases, sort out all the anomalies and to work out a final list acceptable to all the parties, and, thereafter, to submit the same to this Court. For the aforesaid purpose, we appoint retired Judge of the Bombay High Court Justice V.A. Mohta, who retired as the Chief Justice of the Orissa High Court, to be the Special Officer in whose presence the second and third stages will take place. The learned Special Officer will be associated with the settling of the objections that may be raised and the final list to be submitted under his signature. For the aforesaid purpose, objections, if any, shall be filed before the learned Advocate-on-Record for the State of Bihar by 31st, January, 2011. The second meeting is to be convened on 19th February, 2011 at 10.00 a.m. in the Supreme Court Arbitration Centre, M.C. Setalvad Chambers or in the alternative, such meeting may also be held at the Arbitration Hall of the Neeti Bagh Club. 5. At the said meeting the individual applications in respect of which objections are filed will have to be produced. In the event the matter cannot be settled on 19th February, 2011, it may be carried forward to the next day i.e. 20th February, 2011. A third meeting, if necessary, may also be convened on 5th March, 2011 on which date the list must be made ready and the list of eligible candidates must be finalised for submission to the Court. 6. Let this matter be adjourned till 29th March, 2011 at 3.00 p.m. 7. In order that the matter is finally settled, learned counsel of the respective parties are requested to cooperate so that no further adjournment is required to be granted on 29th March, 2011. Learned senior counsel appearing for the parties are requested to render their assistance to finalise the matter. 8. The learned Special Officer will also consider the objections that are raised and will submit a comprehensive report in respect thereafter, with regard to the eligibility of the candidates. 9. Learned senior counsel appearing for the parties are requested to render their assistance to finalise the matter. 8. The learned Special Officer will also consider the objections that are raised and will submit a comprehensive report in respect thereafter, with regard to the eligibility of the candidates. 9. The learned Special Officer will be entitled to fix his own remuneration and the same will be borne equally by the parties. 10. Let a copy of this order be made available to the learned counsel of the respective parties and to the learned Special Officer Justice V.A. Mohta.