S.J.MUKHOPADHAYA, J. - (1.) THE petitioners have challenged the Advertisement No. 1 of 2004 dated 12th September. 2004 issued by the Deputy Commissioner, Deoghar, published in the Daily news paper Hindustan, whereby and whereunder the applications have been invited for appointment to the posts of driver from those persons, who have passed Matric or equivalent examination. 2000 (1) PLJR 787, the Court remitted back the case to the Deputy Commissioner, Deoghar, to consider the cases of those persons for their appointment along with other similarly situated and eligible persons against the existing vacancies.
(2.) COUNSEL for the petitioners submitted that the Deputy Commissioner, Deoghar, had no jurisdiction to fix minimum qualification for appointment to the post of driver, being the Chairman of the Selection Committee and in support of such submission placed reliance on a Supreme Courts decision in Krushna Chandra Sahu and Ors. v. State of Orissa and Ors. . In that case the selection Board decided to adjudge the suitability on the basis of confidential character rolls of the candidates. The Supreme Court having noticed the fact that the selection Boardor any of its members had no jurisdiction to lay down the criteria for selection, declared the selection bad. In this case admittedly, no Act has been framed by the Parliament under Article 309 of the Constitution nor any statutory Rule has been framed by the Governor of the State under proviso to Article 309. There is no executive instruction issued by the State laying down the qualification for appointment to the post of driver except guidelines of selection as were issued from time to time by the Departmental heads.
(3.) IT is not in dispute that the Deputy Commissioner of the district is the appointing authority of the Drivers of a collectorate. In absence of any statutory Rules or executive instruction or another guidelines with regard to the qualification for appointment to the post of drivers, it was open to the appointing authority i.e. the Deputy Commissioner to prescribe the qualification and to fill up the posts after following the provisions of Law. In the result no relief can be granted. There being no merit. The writ petition is dismissed. Interim order dated 28th September, 2004 passed by this Court is vacated.;