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2017 Supreme(Pat) 1386

IN THE HIGH COURT OF JUDICATURE AT PATNA
JYOTI SARAN, J.
Randhir Bhardwaj, S/o Sri Surendra Nath Rai and others - Petitioner
Versus
The State of Bihar through the Chief Secretary, Government of Bihar and others - Respondent
Civil Writ Jurisdiction Case No.13658, 14833, 15063, 13871, 15090, 15845, 16232, 18608, 19111, 13812 of 2016, 2777, 4196, 1806 of 2017
Decided on : 30-05-2017

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Nityanand Mishra, Mr. Arun Kumar, Adv. Mr. Y.V. Giri, Sr. Advocate with Mr. Nityanand Mishra, Adv. Mr. Rajesh Kumar Singh, Adv. Mr. Vipin Kumar Singh, Adv. Mr. Ajay Kumar Singh, Adv. Mr. Mohammed Arif, Adv. Mr. Pranav Kumar, Adv. Mr. Mohammed Arif, Adv. Mr. Navin Prasad Singh, Adv. Mr. Alok Kumar, Adv. Mr. Sanjay Kumar Pandey, Adv. Mr. Nityanand Mishra, Adv.
For the Respondent: Mr. Chittaranjan Sinha, PAAG-2 Mr. Awanish Nandan Sinha, GP-21 Mr. Sarvesh Kr.Singh, AAG-13 Mr. Gajendra Pd.Yadav, SC-17 Mr. Raghwanand, GA-11 Mr. Lalit Kishore, PAAG-1 Mr. Chandra Bhushan Das, Adv. Mr. Chittaranjan Sinha, PAAG-2 Mr. Dinu Kumar, Adv. Mr. Arvind Kumar Sharma, Adv. Mr. Chittaranjan Sinha, PAAG-2 Mr. Raghwanand, GA-11 Mr. Sanjay Kr. Tiwari, AC to GA-11 Mr. Lalit Kishore, Sr. Adv. Ms. Jahan Ara, AC to GP-14 Mr. Gajendra Pd.Yadav, SC-17 Mr.Mr. Vinod Kumar Kanth, Sr. Adv. With Mr. Mrigank Mouli, Adv. Mr. Amresh Kumar Sinha, Adv. Mr. Dhurjati Kumar Prasad, GP-14 Mr. Raghwanand, GA-11 Dr. Kamal Deo Sharrma, AC to GA-11 Mr. Lalit Kishore, Sr. Adv. Mr. Chittaranjan Sinha, PAAG-2

The main legal point established in the judgment is the requirement for the Commission to objectively consider and dispose of objections raised by petitioners, supported by reasons reflecting application of mind, as per the legal principles established in the Supreme Court judgment (2010)9 SCC 496 (Kranti Associates Pvt. Ltd. Vs. Masood Ahmed Khan).

Headnote:

Weightage - Grant/Refusal of Weightage by Bihar Staff Selection Commission - Advertisement No. 02010115 - 30 marks on work experience - Issue of weightage for work experience raised by petitioners - Clarification on work experience by Secretary, Agriculture Department and Committee - Contest on selection process and merit-list - Rectification of errors in examination result - Disposal of objections by Commission - Rejection of objections with reasons required

Fact of the Case:

The petitioners challenged the decision-making process of the Bihar Staff Selection Commission (the Commission) regarding the grant of weightage for work experience, which affected their qualification in the merit-list. The petitioners sought direction for the Commission to award them weightage on work experience similar to other equivalent posts in the Agriculture Department as per Advertisement No. 02010115.

Finding of the Court:

The Court directed the Commission to consider and dispose of the objections raised by the petitioners objectively, with reasons reflecting application of mind, as per the Supreme Court judgment (2010)9 SCC 496 (Kranti Associates Pvt. Ltd. Vs. Masood Ahmed Khan). The Court did not enter into the merits of the claim but emphasized the need for a fair consideration of objections.

Issues: The issues revolved around the grant/refusal of weightage for work experience by the Commission, contest on the selection process, and the publication of the merit-list.

Ratio Decidendi: The Court emphasized the need for the Commission to objectively consider and dispose of the objections raised by the petitioners, supported by reasons reflecting application of mind, as per the legal principles established in the Supreme Court judgment (2010)9 SCC 496 (Kranti Associates Pvt. Ltd. Vs. Masood Ahmed Khan).

Final Decision: The writ petitions and the interlocutory applications were disposed of with the direction for the Commission to consider and dispose of the objections objectively, with reasons reflecting application of mind.

JUDGMENT :

1. In each of this batch of writ petitions, the grievance of the petitioners is common and that is the issue of grant/refusal of weightage by the Bihar Staff Selection Commission (hereinafter referred to as ‘the Commission’) as against the work experience gained by the incumbents having served on the post of Agriculture Coordinators, Assistant Technical Managers, Block Technical Managers, Subject-matter Specialists and other equivalent posts available in the Agriculture Department.

2. It is in consideration of the commonness of the grievance raised that the writ petitions have been heard analogous and with the consent of the parties are being disposed of at the stage of admission itself.

3. While the arguments on behalf of the petitioners have mainly been led by Mr. Y.V. Giri, learned senior counsel and Mr. Dinu Kumar with other counsel supplementing the same, the State is represented by the respective State Counsel, the Bihar Staff Selection Commission is heard through Mr. Lalit Kishore, learned Principal Additional Advocate General No.1 and the private/intervenor respondents have been heard through Mr. Vinod Kumar Kanth, learned senior Advocate assisted by the Advocates on record.

4. The grievances as raised by the petitioners through this batch of writ petitions has been already indicated by me and primarily raises objections on the decision-making process followed by ‘the Commission’ to award weightage for work experience so as to disqualify a number of applicants inclusive of some of the petitioners who have failed to secure their position in the provisional select list. It is raising such grievance that the writ petitioners have sought a direction to ‘the Commission’ to award them weightage on work experience in the same manner as having been granted to the Assistant Technical Managers, the Block Technical Managers, the Agriculture Coordinators, the Subject-matter Specialists and others holding equivalent posts in the department.

5. Mr. Giri, learned senior counsel appearing for the petitioners in CWJC No.13658 of 2016 has referred to a letter of the Secretary, Agriculture Department dated 15.06.2016 enclosed at Annexure-8 to the said writ petition to submit that it is in consideration of this very issue that the Secretary has advised the Commission that a certification by the District Agriculture Officer of work experience gained on any post in the Agriculture Department, was entitled to such weightage.

6. Mr. Giri has next referred to a decision taken by a committee chaired by the Chief Secretary with the Agriculture Production Commissioner, the Principal Secretary, General Administration Department and the Chairman of the Bihar Staff Selection Commission as its Members present at Annexure-9 to the said writ petition to submit that the issue has further been clarified and the District Agriculture Officer has been authorized by the Committee to issue certificate of work experience on the post of Assistant Technical Managers, Block Technical Managers, Agriculture Coordinators appointed on contract, Subject Matter Specialists or any other post in the Agriculture Department, for grant of weightage.

7. It is the contention of Mr. Giri that these petitioners having served the Agriculture Department in various capacities are entitled to grant of weightage on work experience as granted to other persons holding the post referred to above. The grievance of the petitioners is that it is because they have been denied such weightage on work experience that they have failed to qualify in the merit-list.

8. Mr. Dinu Kumar, learned counsel raising similar issues in CWJC No.15845 of 2016 has questioned the decision of the Commission to award weightage on work experience gained by the applicants having served the post of Subject-Matter Specialist in the Agriculture Department. He has also referred to certain orders of this Court.

9. Similar issues regarding grant of weightage or refusal thereof to the applicants is the subject-matter




















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