N.P.Singh, J.

1. This writ application has been filed on behalf of the petitioners for quashing a resolution of the State Government (Annexure-5) which was notified on 24-4-1982 and for a direction that the petitioners be appointed against the vacant posts of Agriculture Inspector or any other equivalent posts.

2. The petitioners were appointed as Village Level workers on various dates between 1963 to 1970. There being no scope for promotional avenues a scheme is said to have been launched by the Government of India for giving higher education to the Village Level workers with a view to provide them chance of promotion or absorption to higher posts. The State Government also sponsored such a scheme and encouraged such Village Level workers to get themselves admitted in B.Sc. (Agriculture course). For this purpose, according to the petitioners, advertisement was made on 23-6-1978 and pursuant to such an advertisement the petitioners applied. They were selected and admitted to the B.Sc (Agriculture course) and, in due course, they passed the B.Sc. (Agriculture) Examination from the Rajendra Agriculture University in the year 1982.

3. In the year 1978, according to the petitioners, the State Government took a decision that the Village Level workers, who had the graduate degree in Agriculture from the aforesaid University, shall be appointed as Agriculture Inspectors on preferential basis. In the year 1981, however, a resolution dated 4-11-1981 was notified by the State Government saying that uptil then unemployed Agriculture graduates used to be appointed on the basis of chain system which was being abolished and now the appointment shall be on the basis of merit on the recommendation of the Bihar Public Service Commission (hereinafter referred to as the Commission). A copy of such resolution is Annexure-4.

4. It appears that by the impugned resolution dated 24-4-1982, some modification was made by the State Government in its earlier resolution aforesaid dated 4-11-1981. By impugned resolution it was said that persons who had become Agriculture graduates from the Agriculture University in the Bihar upto the year 1980 and residents of the State of Bihar who have become Agriculture graduates from any University outside the State of Bihar upto the year 1979, their appointments shall be made on the basis of chain system; but persons who have become Agriculture graduates thereafter, their appointment shall be made on the basis of the recommendation of the Commission.

5. According to the petitioners, the resolution aforesaid dated 24-4-1982 is discriminatory in nature because there was no rational basis to treat the Agriculture graduates who have passed from the Agriculture University in the State of Bihar upto 1980 as a separate class for the purpose of appointment from the persons who have become Agriculture graduates after 1980. In other words, according to the petitioners, either the chain system should have been continued even in respect of persons who become Agriculture graduates after 1980 or irrespective of the date or year of passing the B.Sc. (Agriculture) Examination, appointments should be made on the basis of the recommendation of the Commission.

6. A counter affidavit has been filed on behalf of the State. It has been pointed out that the assertion made on behalf of the petitioners that a decision had been taken by the State Government in the year 1978 to appoint Village Level Workers having B.Sc. degree to the posts of Agriculture Inspectors on preferential basis is not correct. It has been pointed out that a memorandum to that effect was placed before the Cabinet for its consideration but the same was never accepted by the Cabinet. It has been asserted that the State Government took a decision to make appointment to the posts of Agriculture Inspectors on the basis of the recommendation of the Commission. Regarding the decision of the State Government which was notified as resolution (Annexure-5), which is under