JUDGEMENT

Date: 20-07-2024 1. The petitioners submitted their candidature in pursuance of Advertisement No. 3 of 2019, dated 4th of March, 2019 for the post of Special Survey Assistant Settlement Officer.

It is to be recorded at the outset that by virtue of a notification dated 27th of February, 2019 issued by the Department of Revenue and Land Reforms, Government of Bihar, the Bihar Special Survey honorarium based Contractual employment Rules, 2019 was promulgated. This Court already found vide an order dated 8th of May, 2024 that though the above-mentioned notification was for contractual appointment of Special Survey Assistant Settlement Officer and Others on contractual basis, the notification was issued in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. Therefore, it is made clear that any person employed to the post of Special Survey Assistant Settlement Officer shall get protection of Article 311 of the Constitution of India, in spite of the fact that State-Respondent decided to appoint the above-named Officers on contractual basis.

2. The Advertisement notification, inter alia, states in Clause 6:-

Minimum Educational qualifications and weightage in Employment:- Description of minimum Educational qualifications and weightage of the posts mentioned above rule 3 shall be as below:-

Sr. Name of posts Minimum Educational abilities and qualifications In percentage, Maximum weightage in Contractual Employment Remarks 1 2 3 4 5

1.Special Survey Assistant Settlement Officer Bachelor Degree in Civil Engineering + Minimum 2 Years working Experience (2 Years working Experience in Government/recognized Non-Government Organization)

1.Matriculation -10

2. Intermediate -15

3.Graduation-50

4.Post Graduation-05

5.Experience-20

1. 5 marks shall be given for every year works Experience and maximum 20 marks

2.Special Survey kanoongo Diploma in Civil Engineering +

1.Matriculation-10

2.Diploma-70 Minimum 2 Years working Experience (2 Years working Experience in Government/recognized Non-Government Organization)

3.Experience-20admissible

3.Special Survey Amin Diploma in Civil Engineering

1.Matriculation-10

2.Diploma-90 4. Amin Amanat Degree from Government recognized institutions or I.T.I (Suveyor) training pass.

1.Matriculation-10

2.Diploma/I.T.I.-90

5.Special Survey Clerk Graduate1.Matriculation -10

2. Intermediate -15

3.Graduation-70

4.Post Graduation-05 6. Executive Assistant As fixed by the District

7.Date Entry Operator As fixed by the Belrton 8.I.T. BoyAs fixed by the Belrton

3. We are concerned about the procedure of appointment of Special Survey Assistant Settlement Officer whose minimum educational qualification, maximum weightage in contractual employment and weightage for work experience are delineated in Serial No. 1 of Clause 6 of the advertisement notice.

4. It is admitted by the learned Advocate for the State-Respondents that the minimum educational qualification and weightage in employment as described in Rule 6 has already been stated in the statutory rules.

5. Thus, it is admitted on behalf of the State- Respondents that the advertisement was published on the basis of the statutory rules and there was no deviation in the advertisement notification.

6. In clause 3, it is stated that the selection would be valid till 30th of March, 2020 and if required, it may be extended further.

7. The same qualification and calculation of weightage was published in Press Notification No. 3/2019, dated 4th of March, 2019, especially in Clause 7 (Selection Process).

8. That on 25th of May 2019, another notice was issued vide a Notification No. 801, dated 25 th of May, 2019, in continuation of the original advertisement letter and the candidates were informed about the guidelines to be applicable for the counselling and recruitment process.

9. In the said notification, it is stated unde