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2024 Supreme(Pat) 362

IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, J.
CWJC No.20649 of 2021
(15.5.2024)
Kalpana Singh & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioners: M/s Y. V. Giri, Sr. Adv., Sanjeet Kumar.
For the Respondents: Mr. Yogendra Pd. Sinha, AAG-7.

Headnote:

Service Law – Appointment on contractual basis – petitioners assailing the cancellation of whole employment and appointment process on the post of city Manager undertaken vide Advt. No. UD&H/CTM-2020/01, dated 24th April, 2020, for which merit list has already been issued and counselling has already been done – advertisement for selection to the post of 163 posts of City Managers was published prior to publication of policy decision of the General Administration Deptt., dated 21st of January, 2021 which provided that no contractual appointment shall be made normally against regular post – examination was taken prior to the said policy decision – result was published only three days after 21st of January, 2021 – the State Government and especially the Respondents failed to show any valid or cogent reason for cancellation of such selection process – the law on this issue is no longer res integra that while authorities have the right to cancel a selection process, this right must be exercised for valid reasons and cannot be arbitrary – lack of any justification for the cancellation led to the court to conclude that the decision was arbitrary and thus not aside – the cancellation of selection process to 163 posts of City Managers under the Urban Development & Housing Deptt. Vide letter No. 01/estb. (Public Grievance)-01/2021 3321 dated 9.11.2021 notice, dated 12.11.2021 quashed and set aside – the Respondent Nos. 2 and 3 directed to conclude the selection process and appointment on the posts in question within six weeks – writ petition allowed. (Paras 11 & 17 to 19)

(1991) 3 SCC 47, (2007) 9 SCC 497, 2024(2) PJR 296, (1986) 4 SCC 268, (1993) 1 SCC 154, (2010) 7 SCC 678, (2015)4 PLJR 708 – Referred.

Bibek Chaudhuri, J. – The Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for the following reliefs: –

(i) For a direction upon the respondents to produce letter no. No. 01/estb.(Public Grievance)-01/2021 3321, dated 09.11.2021 and quash the same, whereby and whereunder the respondents have cancelled the whole employment and appointment process on the post of City Manager undertaken vide Advt. No. UD&H/CTM-2020/01, dated 24th of April, 2020, for which merit list has already been issued and counseling has already been done hence, cancelling the whole employment and appointment process is arbitrary and without any valid reason, which is not permissible under the law.

(ii) For quashing of the notice dated 12.11.2021 issued by the Urban Development and Housing Department, Government of Bihar, whereby it has been informed that it has cancelled the whole employment / appointment process undertaken through Advt. No. UD&H/CTM-2020/01, dated 24th of April, 2020, vide its letter No. 01/estb.(Public Grievance)-01/2021 3321, dated 09.11.2021.

(iii) For a direction upon the respondents to conclude the employment and selection process with respect to the aforesaid advertisement for the post of City Manager without any further delay and to issue letter of appointment in favour of selected candidates without any further delay.

(iv) For any other relief / reliefs, this Hon'ble Court may find fit and proper in the facts and circumstances of the present case.”

2. It is the case of the Petitioners that the Urban Development and Housing Department, Government of Bihar issued Advertisement No. UD&H/CTM-2020/01, dated 24th of April, 2020 in accordance with a Resolution, contained in letter dated 12th December, 2019, for selection to the vacant posts of City Managers on contract basis under the Urban Development and Housing Department. It was stated in the said advertisement that online Computer Based Test (CBT) would be held for appointment to the vacant posts of City Manager under the Department and the responsibility of conducting the examination was handed over to the Bihar Combined Entrance Competitive Examination Board. The aforesaid advertisement declared 163 posts of City Managers to be appointed on contractual basis on a consolidated scale of pay of Rs. 40,000/-. The Petitioners submitted their candidature with examination fee of Rs. 2,200/- in addition to the pay processing charges etc. The Bihar Combined Entrance Competitive Examination Board issued Admit-Cards to the candidates, including the Petitioners. Online Computer Bases Test (CBT) was held on 9th of December, 2020. Subsequently, a merit-list was prepared by the Bihar Combined Entrance Competitive Examination Board and the same was uploaded on the website of the Board on 25th of January, 2021. The Urban Development and Housing Department, Government of Bihar also issued a notice, informing all the candidates with respect to the publication of merit-list by the Board. The names of the Petitioners were figured in the merit-list. The Department fixed 9th of February, 2021 to 11th of February, 2021 for verification of the documents. However, on that date, some selected candidates were absent. Therefore, the Department gave them another opportunity to appear for verification of documents in between 2nd of March, 2021 to 3rd of March, 2021 by issuing a notice dated 24th of February, 2021. Accordingly, the documents of all the Petitioners were verified. Thereafter, the Department remained absolutely silent regarding the said appointment which compelled some of the Petitioners to approach the Department with respect to delay in issuing the appointment letters to the successful candidates but no positive response was availed from the Department. Some of the Petitioners also met the Principal Secretary, Urban Development and Housing Department, Government of Bihar and different other authorities and submitted their representatio

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