M.KARPAGA VINAYAGAM,C.J. - (1.) MR . Ajay Chandra Dhar, the petitioner -appellant, filed a writ petition challenging the order, declining his selection/appointment as Deputy Collector in Bihar Administrative Service. The main ground urged by the petitioner is that he fulfilled all the qualification as well as requirements for promotion and posting as Deputy Collector and that despite recommendation of his name by the competent authority, for the selection, he was not selected.
(2.) THE writ petition was ultimately dismissed on 16.11.2005 by the order of the learned Single Judge mainly on the reason that he obtained only 25 marks whereas the other man, above him, who has been selected, secured 291/2 marks and as such, he obtained below the cut off marks and therefore, there is no merit in the writ petition. Aggrieved by this order, the petitioner -appellant has filed this L.P.A before this Court.
(3.) THE short facts, which are relevant for disposal of this appeal, are as follows: 25% of the appointment on the post of Deputy Collector, State Administrative Service, is done through nominations, in view of the circular. As per the circular, only those persons, who have crossed 40 years of age on 1.8.1983, 1.8.1984 and 1.8.1985, with respect to 32nd, 33rd and 34th Examinations could be nominated. Further the candidates must have undergone 12 years of service in Muffasil service, 10 years of service in Secretariat and the minimum qualification was Intermediate. Only those candidates were recommended whose service records were good and no adverse entry was made against them during the last five years. The petitioner belongs to the category of displaced person from East Pakistan and is also a Graduate in Commerce and is in service of the State Government since 20.9.1969. The petitioner -appellant's name has also been recommended for nomination in 32nd, 33rd and 34th Competitive Examination mentioning that the appellant has fulfilled all the requisite qualification for the above selection. The Commissioner, Santhal Pargana Division, Dumka, under whom he was working, also recommended his name before the Deputy Secretary, Board of Revenue, Bihar, for 33rd and 34th Competitive Examination and forwarded the same along with the confidential reports for the years 1981 -82, 1982 -83, 1987 -88 and 1988 -89. Thereafter Selection Committee has been appointed by the Board of Revenue. They considered the candidature of 169 employees and rejected 17 employees' candidature including that of the petitioner -appellant on the ground that these persons had not fulfilled the requisite qualification and obtained the requisite marks. The petitioner -appellant, having felt aggrieved by the fact that another candidate securing 291/2 marks has been selected, whereas he, being entitled to get 31 marks in general category, has not been selected and as such, there is discrimination, has consequently approached the Writ Court socking for redressal of his grievance. ;