S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioners against the advertisement No. 01 Secretariat Animal Husbandry/2004 -05, published in the newspaper for appointment to the post of Laboratory Technician (Frozen Semen), so far as essential eligibility clause is concerned, whereby and where under, while one years experience In Frozen Semen work has been prescribed, it has been mentioned that such experience, except from Government Institution will not be accepted as none of the private Institutions has been approved by the Animal Husbandry Department.
(2.) THE only question requires for determination is whether the Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand has jurisdiction to prescribe such condition, if the guidelines issued by the State do not prohibit experience from any other Institution. 3. For determination of the issue, it is necessary to look into certain facts, including the orders passed by the Supreme Court. Since the year, 1988, a large number of clerical, semi technical and technical persons were engaged in the Animal Husbandry Department and Fisheries Department of the erstwhile Government of Bihar. Appointments were also made to the post of Laboratory Technician. When it came to the notice of the State Government that none of the appointments was made after issuance of advertisement in the newspaper and all of them were made in violation of Articles 14 and 16 of the Constitution of India, the services of illegally appointees were terminated by office order No. 5330 dated 23th October, 1998. Against such orders of termination, the Laboratory Assistants moved before the Ranchi Bench of the Patna High Court in writ application CWJC No. 3503 of 1998(R), which was dismissed and the said order was also affirmed by a Division Bench in letters patent appeals. Aggrieved persons, thereafter, moved before the Supreme Court in civil appeal Nos. 5342 -5343 of 2003. They were heard along with other civil appeal Nos. 5346 -5344, 5345, 5376 of 2003. The Supreme Court vide its judgment dated 23rd July, 2003 See 2003 (4) JCR 72 (SC), while did not choose to interfere with the order of termination, made certain observation and passed order under Article 142 of the Constitution of India: the relevant portion of which is quoted hereunder : XXX XXX XXX XXX (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 with a period of three months from today. For that purpose the respondent -State is directed to constitute a Selection Committee as per the existing Rules 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 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. From the order of the Supreme Court, it will be evident that those whose services were terminated were to be given age relaxation, if overage and weightage over outsiders, as was directed by the High Court. That means, the cases of all those whose services were terminated were to be considered along with outsiders at the time of direct recruitment. The respondent -State of Jharkhand, thereafter, issued Advertisement No. OC -01/04 through Labour, Employment and Training Department, Sub -Employment Exchange, Dumka and called for applications for appointment to the posts of Laboratory Assistant. In the said advertisement, one years experience in Frozen Semen was prescribed as one of the essential criteria for appointment to the posts of Laboratory Assistant. At Clause 9 of the Application Format, as was printed with the advertisement itself, candidates were asked to mention the name of the Institution/Office, issuing certificate of one years experience in Frozen Semen work and were asked to enclose the certificate.
(3.) ACCORDING to petitioners, they being eligible, having one years experience of Frozen Semen work from private Institutions, applied for appointment to the post of Laboratory Technician in pursuance of advertisement No. OC -01/04. They were provided with admit card with roll No. 285 (petitioner No. 1), roll No. 290 (petitioner No. 2), roll No. 273 (petitioner No. 3), roll No. 289 (petitioner No. 4) and roll No. 296 (petitioner No. 5) and the written test was held on 5th October, 2004 in which they appeared. Further case of the petitioners is that in pursuance of advertisement No. OC -01/ 04, their names having empanelled, were forwarded to the Secretary, Animal Husbandry and Fisheries Department for publication of result and for appointment. Thereafter, without publication of result and without issuance of letter of appointment, impugned advertisement No. 01 Secretariat Animal Husbandry/2004 -05 (Annexure -3) was issued, calling for applications for appointment to the posts of Laboratory Assistant in eight districts, Including the district of Dumka for which earlier advertisement was issued. In the said advertisement, while it was mentioned that those who have applied in response to the advertisement published earlier by different Deputy Commissioner were not required to apply, it was also mentioned that one year experience should be from Government Institution. In pursuance of second advertisement, admit cards were issued and written test was to be held on 9th January, 2005 but no admit cards were issued to the petitioners on the ground that they do not have Frozen Semen work experience from Government Institution. In the aforesaid background, while petitioners have challenged the part of the advertisement No. 01 Secretariat, Animal Husbandry/2004 -05, so far it relates to one years experience in Frozen Semen work from Government Institution, they have also prayed for a direction on the respondents not to publish the result nor to make any appointment out of the subsequent advertisement, in question. When the case was taken up on 17th January, 2005, this Court made it clear that publication of result and appointment of persons, if made, in the meantime, shall be subject to the result of the writ petition.;