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CHAKRADHARI SHARAN SINGH
Abhishek Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The petitioners are seeking quashing of an order dated 23.12.2019, issued by Bihar Prashashnik Sudhar Mission Society (in short 'BPSMS') of the General Administration Department, Government of Bihar, whereby and whereunder a decision has been taken to engage executive assistants in various districts for a period of three months by way of an interim measure. During the said period of three months, the engaged executive assistants are required to pass a proficiency test to be organised by Bihar State Electronics Development Corporation Limited (BELTRON). The order further mentions that level of the proficiency test shall be the same as fixed for Data Entry Operator (DEO) of BELTRON. Engagement of executive assistants, who pass the proficiency test, can be extended beyond three months whereas engagement of those who fail shall be terminated with immediate effect, the order states. The order further contemplates that the engaged executive assistants shall have to give an undertaking to the aforesaid effect at the time of their engagement.
2. The petitioners have sought for additional reliefs by filing LA. No. 01 of 2021, LA. No. 02 of 2021, LA. No. 03 of 2021, LA. No. 04 of 2
The court established that while inclusion in a merit list does not guarantee appointment, any deviation from established recruitment processes must be justified and cannot be arbitrary, ensuring com....
Selection process was not culminated with the appointment of candidates and at the time challenge was made, only the select list of candidates recommended by Commission was prepared and no appointmen....
The DPC's adoption of the office memorandum, dated 29.08.2019, without formal adoption by APEDA, and the recommendation of the respondent No. 4, who had not completed the requisite qualifying years, ....
The main legal point established in the judgment is that statutory rules prevail over executive instructions, and an executive instruction cannot substantially alter the recruitment procedure establi....
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