JUDGMENT :

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. The nine petitioners in the present writ application were applicants for appointment on the post of driver in the State Government pursuant to an advertisement issued by the Bihar Staff Selection Commission (hereinafter referred to as 'the Commission'). The selection process is governed by Bihar Driver's (Recruitment and Service Conditions) Rules, 2005, as amended by Bihar Driver's (Recruitment and Service Conditions) (Amendment) Rule, 2014 (hereinafter referred to as 'the Rules'). In consonance with Sub-Rule 5 and 6 of Rule 4 of the Rules, the advertisement inter alia contemplated that a written test of 75 marks shall be held. The advertisement further required that the candidates must score minimum qualifying marks in the written test, as prescribed in resolution no. 2374 dated 16.07.2007 issued by the Personnel and Administrative Reforms Department (General Administration Department), Government of Bihar. The said resolution dated 16.07.2007 prescribed 40% for General, 36.5% for Backward Class, 34% for Extremely Backward Class, 32% for Scheduled Caste/Schedule Tribes and 32% for females as minimum qualifying marks in written test. Apparently those who qualified in the written test could be considered for subsequent stages of scrutiny for selection. The advertisement specifically laid down the process of selection clearly in tune with the statutory provision under Sub-Rule 5 and 6 of Rule 4 of the Rules. Sub-Rule 5 and 6 of Rule 4 of the Rules reads thus:-

"(5) In the light of requisition, the Commission shall invite the application by advertisement against the vacancies and on the basis of written examination and work experience of driver appointed on the contract basis, the Commission shall invite the candidates 2.5 times of vacancies for Test of Driving and General Knowledge of Vehicles. Marks for written examination and work experience of drivers appointed on the basis of contract shall be determined as follows:

(a) For percentage of Marks obtained in written exam-75 marks

(b) For work experience of Motor Driving of drivers legally appointed on the basis of contract in any office of the State Government-25 marks

{5 (five) marks for work experience of motor driving of each year, maximum 25 (Twenty-Five) marks}

Note:- Marks obtained in written test by a candidate shall be determined as the percentage of total marks obtained in that examination, multiplied by 0.75 e.g. A candidate who has obtained total 50 percentage of marks shall be given 50 x 0.75 = 37.5 marks. Marks for work experience shall be only admissible on the basis of application forwarded by the head of office where candidate is working or had worked on contractual basis.

(6) 2.5 times candidates selected under above sub-rule (5) has to appear in the test of driving and general knowledge of vehicles according to sub-rule (2) of Rule 4 for which total marks shall be 100. This test shall be conducted through a committee constituted by the Commission in which one member shall be motor Vehicle Inspector. The merit list shall be prepared on the basis of marks obtained in the test and the Commission shall recommend the name of selected candidate from this merit list to the concerned Department/Office. No weightage shall be given for higher educational qualification."

3. Evidently, those who scored minimum qualifying marks in the written test were eligible for consideration in terms of Sub-Rule 5 of Rule 4 of the Rules, which required that on the basis of written test and work experience of drivers appointed on contract basis, the Commission shall invite 2.5 times of vacancy for test of driving and general knowledge of vehicles.

4. The Rule further prescribes a method for determination of score for written test and work experience of drivers appointed on the basis of contract. Sub-Rule 6 of Rule 4 of the Rules prescribes that 2.5 times candidates selected under Sub-Rule