DHARMENDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4.3.2003 passed by the learned Single Judge dismissing the writ application filed by appellants for a direction to the respondent -State and its officers to bring selection process to its logical end by issuing letter of appointment to the appellants on the post of Jail Warder in pursuance of advertisement dated 13.7.200 (sic) (Annexure 6 to the writ petition), which was issued for filling up 132 posts of Jail Warder, out of which 60 posts were reserved for the members of the Home Guard as well as for quashing the decision taken by the State Government dated 1.6.2002 (Annexure 12 to the writ petition), wherein it was decided to cancel the entire selection process in terms of the aforesaid advertisement and to take steps for fresh appointment by revising the criteria for appointment to the post of Jail Warder from 7th Class to Matriculation in accordance with the recommendation of the Fitment Committee.

(2.) THE learned Single Judge has dismissed the writ application on the ground that the decision taken by the State Government not to make appointment on the basis of the earlier panel prepared in terms of the advertisement, with a view to make a fresh selection in terms of the proposed criteria is neither, arbitrary nor in breach of requirement of Article 14 of the Constitution of India.

(3.) LEARNED counsel appearing for the appellants submitted that admittedly the vacancies were advertised, the selection has been made in terms of the relevant rules and a panel has been prepared and, accordingly, the State should fill up the aforesaid vacancies and the decision taken by the State Government not to fill up the vacancies from the panel prepared on the basis of the earlier advertisement on the ground that the criteria have been revised, is arbitrary and impermissible in law.