- (1.) This writ application has been filed under Article 226 of the Constitution of India for direction to the Respondents to consider the case of the Petitioner for his appointment on the post of Laboratory Technician (Frozen Semen) under Semen Bank Project as against the post reserved for physically handicapped persons.
(2.) Controversies are as such that background of the case needs to be stated hereinbelow: Since the year 1988, a large number of Laboratory Technicians were appointed in the Department of Animal Husbandly & Fishery, Jharkhand, Ranchi. When it came to the notice of the State Government that those appointments were made in complete violation of Articles 14 and 16 of the Constitution of India, the services of those Technicians, illegally appointed, were terminated vide office order No. 5330 dated 23.10.1998. Being aggrieved with the said order of termination, some of the Laboratory Assistants moved before the then Ranchi Bench of Patna High Court in the writ application bearing C.W.J.C. No. 3503 of 1998 (R), which was dismissed. The said order was affirmed by the Division Bench in Letter Patent Appeal. The aggrieved persons thereafter moved before the Hon'ble Supreme Court in Civil Appeal Nos. 5342 and 5343 of 2003. They were heard along with other appeal bearing Civil Appeal Nos. 5344-5346 and 5376 of 2003. Hon'ble Supreme Court after hearing the matter passed the order, relevant portion of which is being given hereinunder: (i)In this view of the matter, we direct the State of Jharkhand to consider at the earliest for recruiting Technical Assistant for the Semen Bank Project and to fill up the existing vacancies within a period of three months from today. For that purpose the Respondent-State is directed to constitute a Selection Committee as per the existing Rides within a period of three months from today; (ii) The Appellants whose services are terminated may apply to the Secretary of the Animal Husbandry Department within a period of one month for being re-appointed or for regularization of their services. The Committee shall consider the eligibility, suitability, past record as well as the educational qualifications of the Appellants as per the rules as on today; (iii) The Committee shall give relaxation of age and weightage over outsiders as directed by the High Court. However, if the Appellants are found unsuitable for some reasons, it would be open to the Committee to reject their applications. Appropriate authority shall issue orders for appointment after considering the roster and the merit list, on available vacancies. The appeals disposed of accordingly. There shall be no order as to costs. We, however, make it clear that this case shall not be treated as precedent as we have decided it purely on the facts and in the peculiar circumstances of this case.
(3.) From the order of the Hon'ble Supreme Court, it would be evident that the persons, whose services were terminated, were to be given age-relaxation if overage and weightage over the outsiders in the process of re-appointment or for regularization of their services. Thus, there is no doubt that the outsiders were to be given opportunity along with the persons whose services were terminated. It further appears from the order passed in W.P.(S) No. 156 of 2005, though it has not been pleaded either by the Petitioner or by the Respondents, that pursuant to the said order, passed by the Hon'ble Supreme Court the State of Jharkhand issued Advertisement bearing No. O.C.-01/04 through Labour Employment & Training Department, Sub Employment Exchange, Dumka calling for the applications for appointment to the post of Laboratory Assistant.;