ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Patna dated 16 December 2011 which allowed a Letters Patent Appeal instituted by the ninth to fourteenth respondents. The Division Bench set aside the judgment and order of the learned Single Judge dated 9 November 2010 by which selections made by promotion from Class IV posts to Class III posts in the District Court of Muzaffarpur were quashed. The Division Bench has held that the original petitioners who succeeded before the learned Single Judge in challenging the process of promotion were estopped from doing so, having unsuccessfully participated in the selection process.

(2.) On 2 December 2003, the office of the District and Sessions Judge, Muzaffarpur issued General order No. 204 of 2003 inviting applications for promotion to six Class III posts from amongst Class IV employees of the Civil Court at Muzaffarpur. The selection was to be made on the basis of a fresh written test and interview. Twenty seven candidates appeared in the written examination which was conducted on 20 April 2004 of whom fourteen qualified. These candidates were interviewed on 7 July 2004. Eighty five marks were fixed for the written examination and fifteen marks for the interview. The appointment committee selected six candidates on the basis of merit for appointment to the six Class III posts by promotion. The select list was submitted to the High Court on 26 July 2004. The High Court declined to approve the select list on the ground that the marks allotted for the written examination were not in accordance with the Court's General letter No. 1 of 1995 and the Rules of 1992, 1998 and 2001 covering Bihar Civil Court Staff. By a letter dated 19 August 2004, the Registrar (Administration) directed the District and Sessions Judge, Muzaffarpur to hold a fresh examination fixing ninety marks for the written examination by treating the qualifying marks as forty five.

(3.) Accordingly, a fresh General order (171 of 2004) was issued by the District and Sessions Judge on 8 October 2004. The General order specifically adverted to the communication dated 9 August 2004 of the High Court and stipulated that a fresh written examination comprising ninety marks would be held (with qualifying marks of forty five) which would be followed by an interview carrying ten marks. Pursuant to this, a written test was held on 7 November 2004 followed by an interview on 12 December 2004. Results were declared on 31 December 2004 and the ninth to fourteenth respondents were appointed on Class III posts. All the appellants participated in the process of selection.