INDU BHUSAN AND ORS. Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The petitioners in C. W. J. C No. 980 of 1983 who hold B. Sc. (Engineering) degree and qualify for appointment as Assistant Engineers (Civil) in the Public Works Department of the Government of Bihar, have moved this Court under Art. 226 of the Constitution of India for quashing the notice issued under the authority of the Additional Secretary. Department of Road & Building Construction, Government of Bihar (Respondent No. 2), dated 4-3-1983 (Annexure-5). Under this notice candidates who applied in response to an advertisement published in the year 1979 but were not considered for selection because they had not qualified at the time of the interview were called for interview for selection for appointment as Assistant Engineer (Civil) in the Department of Road and Building Construction. They have also prayed for a rule in the nature of mandamus commanding the respondents to consider their cases for appointment as Assistant Engineers (Civil) in the Public Works Department (Department of Road and Building Construction). The petitioners in C. W. J. C. No. 1090 of 1983. who are also graduates in Engineering have questioned the validity of the letter of interview dated 21-2-1983 (Annexure-5) inviting left over candidates of the year 1979 advertisement to appear before the Chief Engineer, National Highway (Wing)-. Tenchnical Secretariat, Patna. on 18-3-1983. They have however prayed that the appointment should be made from the panel earlier prepared in Feb. 1980, after selecting the candidates as a result of the interview held pur- suant to the advertisement of the year 1979 and no person not selected in Feb. 1980 and included jn the panel could be considered for interview. Since these applications relate to the appointment of the Assistant Engineers (Civil) and have most of the facts in common, they have been heard together.

(2.) Basic facts which are common to both the writ applications in brief are that in the. year 1979. the State Government decided to fill up some posts of Assistant Engineers ("Civil) by direct recruitment through Public Service Commission, but apprehending delay the department decided to make ad hoc appointments departmentally. Accordingly, an advertisement was published in the daily newspapers published from Patna on 22-11-1979 (Annexure-1) inviting applications from the candidates who were eligible for appointment as Assistant Engineers (Civil) having degree of B. Sc. (Engg.), The last date for making the application shown in the said advertisement was 5-12-1979. It stated that the appointments were to be made only for six months and the services of the candidates recruited could be regularised if recommended by the Public Service Commission. On 9-12-1979 a corrigendum (Annexure-2) was published stating that those who had already completed their B. Sc. (Engg.) Examination and were awaiting publication of their results could also apply but they would be considered only if their results were published before the interview and they would produce their results and mark- sheets at the time of interview. The date of making the application was extended up to 15-12-1979. On 28-1-1980 a notice (Annexure-3) was published in the Newspapers calling the candidates for interview commencing from 4-2-1980 who who had already applied in pursuance of the advertisement dated 22-11-1979 and corrigendum thereof dated 9-12-1979 and had obtained at least 60% of marks at their B. Bc. (Engg.) Examinations, Interview commenced from 4-2-1980 and conclued on .15-2-1980. All the candidates who had applied and who had obtained more than 60% of marks in the examination participated in the interview and produced their results and mark-sheets before the Interview Board for verification. After the conclusion of the interview and verification of the certificates etc. a panel was prepared. Appointments in instalments were made from the said panel and the last instalment of appointment was made on 12-11-1981, Although these appointments were made on ad hoc basis for a period of six months only the respondents extended the appointments and those appointed from the panel prepared in Feb. 1980. are still continuing in their respective appointments .

(3.) It was clearly understood that applications were to be made for appointment as Assistant Engineer (Civil) by persons who had already completed their B.Sc. (Engg.) examinations by 9-12-1979, but were awaiting publication of their results and only such candidates were to be considered whose results were published before the interview was held. Examinations conducted by the Patna University for the students of Bihar College of Engineering were. however, held from 22-12-1979 to 28-4-1980. Results of the candidates who appeared in the said examinations were published on 25-6-1980. In the Bhagalpur University which, conducted examinations for the students of Bhagalpur College of Engineering, examinations were held in April, 1980 and results were pubiished even thereafter. Students of Bihar College of Engineering and Bhagalpur College of Engineering, however, although their examinations had not been concluded and results had not been published, applied. As the results of their examinations were not published before the interview was held they naturally were not interviewed and not considered for selection by the Interview Board and their names were not included in the panel prepared in Feb. 1980. A notice (Annexure-5). however, was issued stating that those who had applied in the year 1979-80 but whose results were published after the interview/preparation of the panel i. e. after 15-2-1980, but more of marks in B. Sc. Engineering, (Civil) examination were to be interviewed for selection for appointment in the posts of Assistant Engineers (Civil); (Annexure-5),