IMPORTANT POINT
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 compliance with principles of fairness and transparency in public service.

JUDGMENT :

ANSHUMAN, J.

Heard learned counsel for the petitioners, learned counsel for the State and learned Counsel for the Bihar State Electronics Development Corporation Ltd. (BELTRON).

2. The petitioners have prayed for the following relief/s :-

“(i) To issue an appropriate writ order direction in the nature of certiorari for quashing the minutes of the 23rd meeting of the Governing Council of the Bihar Prashasnik Sudhar Mission Society (General Administration Department) (hereinafter referred to as the "Society") held on 08.07.2019 to the extent the decision taken that against the new sanctioned post of Executive Assistant by the Society shall be filled up through Beltron in place of the merit list/Panel constituted by the District Level Selection Committee (Annexure .7).

(ii) To issue an appropriate writ order direction in the nature of certiorari for quashing the order issued through memo no. 1382 dated 31.07.2019 issued under the signature of OSD, Society whereunder against the newly sanctioned post of Executive Assistant under the Society will be filled through Beltron against the available vacancy of the Executive Assistant in the concerned district and further directed to make requisition to the Beltron for Data Entry Operator (Annexure 8).

(iii) To issue an appropriate writ order direction in the nature of certiorari for quashing the memo no. 2341 dated 23.12.2019, the Society issued under the signature of OSD of the Society whereunder it was decided that the person engaged from the panel/merit list prepared by the District Level Selection Committee is only for 3 months and thereafter, such persons have to appear in eligibility test conducted by the Beltron so that their engagement will be continued and that there shall be no selection from the merit/panel list prepared at the District level once the process of selection list by Beltron is completed and the order dated 31.07.2019 was modified to that extent (Annexure 10).

(iv) To issue an appropriate writ order direction in the nature of mandamus commanding the respondents to fill the sanctioned vacant post by the Society through the merit list/Panel constituted by the District Level Selection Committee and not through Beltron.

(v) To declare and hold that the life/validity of the merit list/panel constituted by the District Level Selection Committee is 3 years in terms of the decision taken by the society through its letter no. 440 dated 05.05.2016 and any selection against the post of Executive Assistant sanctioned by the Society shall be done through the Panel constituted by the District Level Selection Committee.

(vi) To issue an appropriate writ order direction in the nature of mandamus commanding the respondent society directing the Beltron not to proceed with the selection process of Executive Assistant in terms of the decision taken by the Society through its memo no. 1382 dated 31.07.2019.

(vii) To any other relief for which the petitioner appear to be found entitled by the Hon'ble Court.”

3. Learned counsel for the petitioners submits that respondent No.3, namely the Bihar Prashasnik Sudhar Mission Society (hereinafter referred to as ‘the BPSMS’) is a Society registered under the Societies Registration Act, 1860 and sponsored by the Government of Bihar with its objective to strengthen the Government Administration to bring more transparent, more efficient system, better trained and motivated public servant and for better delivery of government services and for good governance. The BPSMS in order to achieve its objective initiated a process of selection of Executive Assistant in the year 2015 for facilitating the implementation of Bihar Right to Public Service Act, 2011. Thereafter, an advertisement was published by the BPSMS prescribing the eligibility conditions to the effect that the appointment will be made for 1 year, however, subject to the requirement, the same can be extended.

4. Learned counsel further submits that according to the advertisement, the BPSMS h