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2021 Supreme(Pat) 659

IN THE HIGH COURT OF JUDICATURE AT PATNA
Chakradhari Sharan Singh, J.
Abhishek Kumar & Ors. - Appellant
Versus
The State Of Bihar & Ors. - Respondent
Civil Writ Jurisdiction Case No. 5823 of 2020
Decided On : 23-08-2021

Advocates Appeared:
Ms. Alka Verma, Advocate, for the Appellant; Mr. Md.Nadim Seraj (GP-5), Mr. Girijesh Kumar, Advocate, for the Respondent.

Headnote:

Service Law – Appointment – Interim engagement as Executive Assistants for three months – Inclusion of name in Panel does not given a person any right to be appointed – Policy decision of BPSMS, as reflected in order issued by General Administration Department dated 31.07.2019, before petitioners were actually engaged, cannot be said to be unreasonable, arbitrary, unauthorised or otherwise illegal which requires engagement of executive assistants from panel made available by BELTRON, which is a Government of Bihar Undertaking and not a private body – Knowledge in computer is apparently a basic requirement for performance of duties by an executive assistant – In said background, a policy decision appears to have been taken by BPSMS under General Administration Department, Government of Bihar to engage executive assistants for Panchayats on the basis of names made available by BELTRON – Requirement of passing of examination of standard of Data Entry Operator is apparently in public interest commensurate with requirement of post in question – No case of discrimination among similarly situated candidates of selection process in question is made out – Petitioners cannot allege violation of Articles 14 and 16 of Constitution on the ground that in other districts engagements were made prior to decision of BPSMS/ State Government as contained in order dated 31.07.2019, since said engagements were made out different selection processes altogether – Application dismissed. (Paras 13 to 17)

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 2021 and LA. No. 05 of 2021 to the following effect :-

"For setting aside the decision taken by BPSM in 26th Shashi Parisad meeting in proceeding no. 8 by which the petitioner had to undergo a qualifying exam taken by Beltron, failing which their services would automatically come to an end.

For quashing letter no. 948 dated 26.06.2021 issued by BPSM by which the petitioners were to appear in the qualifying exam taken by Beltron and were to be terminated if disqualified and for putting a stay on it during the pendency of the writ application. And further a prayer was made for amending/ reframing part of the prayer no. 1(i) in relation to letter no. 66/stha. Only the conditions laid in clauses 1 to 6 of letter no. 66/stha was meant to be challenged.

For setting aside letter no. 1069 dated 09.07.2021 by which the petitioners were to appear in qualifying exam on 31.07.2021 to be taken by Beltron and to put a stay upon this letter during the pendency of the application.

For a direction to the respondent to take appropriate action against the erring officials who illegally filled the registration form of Beltron on behalf of petitioners by copy pasting their signatures from the old documents.

For a direction to the respondent to not to disturb the services of the petitioners and allow them to give their services in the protection of Cabinet Resolution vide memo no. 12534. "

3. The facts of the case, as disclosed in the writ petition are that the Principal Secretary, Panchayati Raj Department, Government of Bihar in his letter dated 28.07.2018, addressed to all the District Magistrates of the State required preparation of panels for engagement of executive assistants at Panchayat level for implementing various schemes of Central Government and the State Government. In his subsequent letter dated 01.08.2018, addressed to the District Magistrates the Principal Secretary, Panchayati Raj Department made a request to all the District Magistrates to make available one executive assistant for each Gram Panchayat. The communication dated 01.08.2018 indicated that the decision to provide executive assistants for each Panchayat was taken to enhance the use of information technology in Gram Panchayat offices and for effective management of their functioning. Evidently, the executive assistants to be engaged were required to have knowledge of computer.

4. Nalanda Collectorate at Bihar sharif came out with an advertisement inviting applications for the post of executive assistants, a copy of which has been brought on record by way of Annexure-3 to the writ application. The last date of submission of application was prescribed as 30.09.2018. The petitioners claim that they qualified in the examination conducted for the selection process pursuant to the said advertisement and the

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