R.S.Garg, J.

1. Heard learned counsel for the parties.

2. The petitioner is aggrieved by rejection of his candidature of the post of Choukidar. According to the petitioner, his name had been recommended by the officer incharge of the police station of the particular area for his appointment, but the same has been turned down on the ground that he is the nephew of the erstwhile Choukidar.

3. Placing reliance upon the Rule 35 of Bihar Choukidari Manual, it is contended that immediately on occurrence of the vacancy oh the post of Choukidar the local police station has to report the matter to the District Magistrate or the Sub-Divisional Officer. The concerned Panchayat would also report the matter to the District Magistrate or the Sub-Divisional Officer. They would also recommend the name of a particular person along with the details as prescribed under Rule 35 of the said Manual.

4. Undisputedly, the Bihar Choukidari Manual was promulgated somewhere 100 years back.

5. It appears that certain agitations were made and representations were also submitted to the State Government by the Choukidars and their Society/Association that such Choukidars should be treated as government servants. After taking into consideration the demands made by the said Association/Society of Choukidars, the State Government by its memo No. 359 issued a circular on 17th January, 1990. In the said circular it has been clearly mentioned that the State Government after taking into consideration the recommendation made by the cabinet has passed certain orders. The recommendations which have been approved by the State Government are:-

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(1) With effect from 1-1-1990, Choukidars and Dafadars would be deemed to be government servants.

(2) Dafadars would be entitled to the revised pay scale of 775-12-955-14-1025 while the Choukidars would be entitled to revised pay scale of 750-12-870-14-940.

(3) Their selection, appointment, superannuation and other service conditions would be similar to the service conditions of the government servant but provided further that their selection and appointment would be at the local level.

(4) Any person who crosses the age of 58 years on 31-12-1989 would not be deemed to be government servant and he would stand removed from the office.

(5) Their duties and responsibilities would be fixed and they would be required to collect information and file the same to the concerned police station or the officer of police. They would also be required to take proper action in the matters of any excesses or atrocities against the Scheduled Castes, Scheduled Tribes Backward Class or the weaker Section of the society and if required would make a complaint of the same to the concerned police station, police officer and the Circle Officer.

(6) Looking to the necessity the posts for Choukidars and Dafadars shall be specially created.

6. From the afore-referred circular specially Clause 3 of the same it would clearly appear that appointment of Choukidars and Dafadars can be made in accordance with the Rules/procedure adopted in case of appointment of the government servants.

7. Undisputedly, a government servant cannot be appointed simply on the recommendation made by the police officer or a Panchayat. If the post falls vacant or a vacancy is available then the vacancy has to be notified and advertisement has to be issued, candidature of the persons have to be invited and after giving all such candidates due opportunity of competing against each other the best out of the lot has to be selected. Rule 35 of the Bihar Choukidari Manual in fact stands superseded by this circular dated 17th January, 1990.

8. At this stage, learned counsel for the petitioner submits that despite circular dated 17th January, 1990 Rule 35 of the Bihar Choukidari Manual is being observed, therefore, the case of the petitioner requires to be considered. In the opinion of this Court, such an argument should not unnecessarily create any complication in the matter. If th