IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No.4175 of 2024
(22.3.2024)
Pawan Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Constitution of India – Article 226 – Petition for directing respondents to consider case of petitioner for appointment on post of clerk, in pursuance to Employment Notice – Delay disentitles party to discretionary relief under Article 226 of Constitution of India – Litigant who was sitting on fence and waiting for result of litigation initiated by other litigants promptly and only after a favourable result, has approached Court to seek equality, should not be encouraged/ entertained – Petitioner being a fence-sitter, cannot take benefit of an order passed in case of persons who were vigilant of their cause and had moved Court within a reasonable period – Writ petition dismissed. (Paras 11 to 14)
Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to consider the case of the petitioner for appointment on the post of clerk, in pursuance to Employment Notice dated 07.02.2016, bearing Employment Notice No. 01 of 2016, in light of the judgment dated 19.04.2023, passed in LPA No.650 of 2022 (Prince Kumar and Ors. vs. The State of Bihar & Ors.) & other analogous cases. The petitioner has also prayed for cancellation of the candidature of the private respondent no.6, who has been appointed along with others, by an order issued by the respondent no.5, in pursuance to the order dated 19.04.2023, passed in L.P.A. No.650 of 2022. Lastly, the petitioner has prayed for quashing of the resolution dated 04.12.2023 and 11.01.2024, issued by the Centralized Selection and Appointment Committee, whereby list of 25 persons (selected candidates) has been published.
2. The brief facts of the case, according to the petitioner are that the petitioner had filed an application for being appointed on the post of clerk pursuant to Employment Notice dated 07.02.2016, issued by the Centralized Selection and Appointment Committee cum the District and Sessions Judge, Patna. It is stated that the petitioner had appeared in the preliminary test, conducted on 17.07.2016, whereupon the result was published on 29.04.2017 and the petitioner had stood successful, whereafter he had appeared in the mains written examination, held on 15.10.2017, result whereof was published on 16.12.2017. The petitioner is stated to be amongst the 4914 successful candidates, hence he had participated in the interview, conducted by the respondents. Thereafter, the respondent no.5 had issued a letter dated 26.09.2018, by which 1681 candidates were declared to have been selected against the Employment Notice No.1 of 2016, on the post of Clerk in the Civil Courts of Bihar.
3. The learned counsel for the petitioner has submitted that a bare perusal of Rule 7 (12), 7(13) and Rule 7(14) of the Bihar Civil Court Staffs (Class-III and Class-IV Staffs), Rules, 2009 (hereinafter referred to as the ‘Rules, 2009’), postulates preparation of a panel in the order of merit for all the judgeships in the State of Bihar. It is also stated that the said Rules, 2009, also envisage that the panel would be valid for a period of two years, however, in the instant case, no panel was prepared, which is not only violative of Article 14 of the Constitution of India but also Rule 7(13) and Rule 7(14) of the Rules, 2009. This had led to filing of various writ petitions by the candidates bearing C.W.J.C. No.6259 of 2019 and other analogous cases (including C.W.J.C. No.21219 of 2018), before this Hon’ble Court, however, the same were dismissed by a co-ordinate Bench of this Court by a judgment dated 29.09.2022, leading to filing of LPA No.650 of 2022 (Prince Kumar and Ors. vs. The State of Bihar and Ors.) & other analogous cases, which was allowed by the Ld. Division Bench of this Court by a judgment dt. 19.4.2023, passed in LPA No. 650 of 2022 & other analogous cases, whereby and whereunder the concerned Selection/Appointing authority was directed to consider the name of each of the Appellants for the purposes of appointment on the post of clerk against unfilled vacancies arising due to non-joining of the candidates as well as against the accrued vacancies till 26.09.2020 and issue necessary orders of appointment to the eligible Appellants, within a period of three months of the date of receipt of the said order and in case any of the Appellants are not suitable or eligible, necessary orders shall be passed and communicated to them.
4. The learned counsel for the petitioner has submitted that similar treatment as has been directed to be extended to the appellants of the aforesaid LPA No.650 of 2022 (Prince Kumar and Ors. vs. The State of Bihar and Ors.) & other analogous cases, vide judgment dated 19.04.2023, be also extended to the petitioner.
5. Per contra, the learned
Delay and laches prevent claimants from seeking equitable relief in writ jurisdiction, emphasizing the need for prompt pursuit of legal rights.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Point of law : If there is some minor irregularity in selection of a candidate but if such a candidate has put in a number of years of service, it may not be advisable to disturb his appointment.
Delay and laches are fatal in service matters, and unexplained delays in seeking appointment can bar claims, reinforcing the necessity for timely action in judicial proceedings.
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.