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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Ragini Kumari D/o Janardan Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The instant Writ Petition has been by the petitioner for a direction to the respondent No. 2 to select/appoint the petitioner for the post of peon in the District Court, Saran at Chapra and also to stay process of appointment of the selected candidates.
2. The brief facts, as culled out from the Writ petition are that on 18.04.2011, respondent No. 2 published an advertisement for appointment of the post of Peon in Chapra Civil Court vide Employment Notice No. 03/2011, for filling up 25 posts on temporary basis. The petitioner applied for the said post. After due scrutiny, the appointing authority issued an interview letter dated 22.03.2013, under his signature, fixing the date of interview on 05.04.2013. The petitioner appeared for the interview on the date and time so fixed. The result was published in the daily newspaper “Hindustan” on 18.07.2013 by the appointing authority, wherein 25 candidates were selected in which no female candidate as per roaster has been declared pass.
3. It is the specific contention of the Learned counsel for the petitioner that the action of respondent authority is illegal and violative of Principle of natural just
Post of contractual peon - Qualification - Selection Process - Preference will be given to those candidates who have already worked or working temporarily as contractual/fixed pay/wages basis in subo....
The waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
Recruitment processes must adhere to advertised criteria; changes post-advertisement violate principles of fairness and equality under Articles 14 and 16.
A vacancy caused by the termination of an employee must be filled through a new selection process, not from an existing select list.
The appointment of a candidate to a contractual post without an application, contrary to advertisement requirements, violates constitutional provisions establishing equitable recruitment practices.
The appointing authority should provide legally acceptable justifiable reasons for non-appointment of candidates in the waiting list, and the inaction in filling up vacant posts without justifiable r....
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