Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7446 of 2013 ====================================================== 1. Sunil Kumar Singh S/O Late Rajendra Prasad Singh R/O Mohalla- Ramjaipal Nagar, New Baily Road, P.S.-Rupaspur, District- Patna 2. The Evaluation And Monitoring Services Regularization Committee Through Its Convenor, Sri Pramod Kumar Singh S/O Late Fuleshwar Prasad Singh Resident At + P.O.- Rahuamani, P.S.- Bangaon, District- Saharsa ... .... Petitioners Versus 1. The Bihar State Through The Chief Secretary Null Government Of Bihar, Patna 2. The Principal Secretary Department Of Education, Government Of Bihar, Patna 3. State Project Director, Bihar Madhyamik Shikchha Parishad 8th Floor, B.S.E.B., Higher Secondary Board Building, Budh Marg, Patna 4. Director, Secondary Education Education Department, Govt. Of Bihar, Vikashbhawan, New Secretariat, Patna, Bihar 5. The Director (Administration) - Cum - Additional Secretary Education Department, Vikash Bhawan, New Secretariat, Patna 6. The Joint Secretary Department Of Education, Vikash Bhawan, New Secretariat, Bihar, Patna 7. State Programme Officer Bihar Madhyamik Shikchha Parishad, 8th Floor, B.S.E.B. (Higher Secondary) Bhawan, Budh Marg, Patna 8. Advisor, Education Department-Cum-In-Charge External Education And Monitoring Cell, Education Department, Vikash Bhawan, New Secretariat, Bihar, Patna 9. A.N. Sinha Institute Of Social Studies Through Its Registrar North West Corner Of Gandhi Maidan, Patna 10. Project-Cum-Cell Director External Evaluation And Monitoring Cell, A.N. Sinha Institute Of Social Studies, North West Corner Of Gandhi Maidan, Patna 11. Senior State Monitoring Officer External Evaluation And Monitoring Cell, 8th Floor, B.S.E.B. (Higher Education), Vikash Bhawan, Budh Marg, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ebrahim Kabir, Adv. For the State : Mr. Dev Kr. Pandey, AC to GP6 For A.N.Sinha Institute : Mr. Piyush Lal, Adv. For Bihar Madhyamik Shiksha Prishad: Mr. Grijesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 15-05-2013 Heard learned counsel for the parties in respect of the following relief:- Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 2 "To regularize services of the petitioner and the Members of Petitioner's association on the post of Research Officers and Research Investigator-cum- District Coordinator, External Evaluation and Monitoring Cell, Bihar Madhyamik Shikshha Parishad, Patna who had earlier put in two and half years brilliant service at A.N. Sinha Institute of Social Studies, Patna constituted under State Enactment of legislature and an organization of Asian Repute and one year and 10 months equally brilliant service record in the Education Department, Bihar Madhyamik Shikchha Parishad after taking over their services under State Government with no complaints of any kind from any corner till date either in institution or in Government Service and for a further direction to pay their salary from July 2012 to till date, which became due." The aforesaid prayer made in this writ application at the instance of petitioner no.2, an Association of External Evaluation and Monitoring Cell Workers, representing 107 of its members Research Officers and District Co-ordinators, is thus basically for
Legal Reasoning
their absorption in the Government service but them Mr. Ebrahim Kabir, learned counsel for the petitioners, having realized that Rashtriya Shiksha Abhiyan itself is not a Government service has frankly conceded that the petitioners will be more than satisfied if they are also given an opportunity to compete with others for the post which has been advertised by the Bihar Madhyamik Shiksha Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 3 Parishad on 7.4.2013 by giving relaxation of age to any of the aforesaid 107 members of Association of the petitioner no. 2 earlier working as either Research Officer or District Co-ordinator in A.N. Sinha Institute of Social Service. This Court would find that initially the work in hand was outsourced to A.N.Sinha Institute of Social Studies and at that point of time either petitioner no.1 or the members belonging to the Association petitioner no.2 were engaged by A.N.Sinha Institute of Social Studies for working on the post of Research Officers and other alike post for doing the work of the External Evaluation and Monitoring Cell in secondary schools. Thus, the petitioners‟ appointment was made not only by an autonomous body namely A.N.Sinha Institute of Social Studies but also on a clear understanding that the said appointments were made for a scheme being monitored by them as an external agency and therefore, the petitioners can claim no right whatsoever if the monitoring of such scheme was later on withdrawn by the officials of the agencies of State of Bihar from A.N. Sinha Institute. The contract of appointment of the petitioners in fact was with A.N.Sinha Institute of Social Studies and thus if the scheme of outsourcing was withdrawn by the agencies of the State of Bihar the petitioners cannot claim any right of continuing on those posts Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 4 even if for the time being the officials of the agencies had allowed them to work till an alternative arrangement was made. It is here that the subsequent decision of the authority as with regard to managing the scheme of Evaluation and Monitoring Cell becomes important because the competent authority had decided that only one percent the entire budgetary allocation will have to be utilised for the utilisation of manpower and that is how the posts were also sought to be advertised by the agencies with fresh service condition under the impugned notice for recruitment on various vacant post by way of cost cutting measures. The content of such notice, Annexure „A‟ to the I.A.application filed by the petitioner, I.A.No. 3149/2013, would also leave nothing for speculation that the Bihar Madhyamik Shiksha Parishad an agency of the State Government being a society registered under the Societies Registration Act had been delegated the function of Evaluation and Monitoring in consultation under the decision of the parent controlling department, namely, Education Department. Thus, even if the petitioners were earlier selected by A.N.Sinha Institute they cannot claim absorption on those post which have been advertised by the Bihar Madhyamik Shiksha Parishad. None the less the grievance of petitioner no.2 Association to the extent of their consideration alongwith other eligible Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 5 candidates would require consideration. These days the Government is not offering appointment in these schemes which have been outsourced to be the separate agencies, Bihar Madhyamik Shiksha Parishad, being one of them. If, therefore, such Parishad has advertised the post for making recruitment and on those post petitioner no.1 or for that purpose other members, 107 of them of the Association petitioner no.2, were earlier working even till alternative arrangement was sought to be made by Parishad, they being citizen of India and also holding the qualification and fulfilling other eligibility condition would be entitled atleast for consideration of their cases with others inasmuch as such an advertisement is an invitation to all the eligible candidates which would also include the persons like the petitioners and/or the members of the association petitioner no. 2. Therefore, this Court does not find any difficulty in directing the respondents to consider the case of the petitioners on the post of Assistant Resource Person provided the 107 members represented by the petitioners fulfil all the other conditions of eligibility as laid down in the advertisement. The only relaxation to which the 107 members of the Association represented by petitioner no. 2, about whom description has been given in the writ application in paragraph 4(XII) in the following words:- Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 6 “That the petitioner very respectfully states and submits that there are 122 workers employed having, Ph.d., Master degree and having law degree out of them 15 left getting better service after elsewhere and presently strength of External Evaluation and Monitoring Cell Workers designated as Research Officer and District Coordinators are 107 in strength and all of them have put their best services to the institute of Asian repute and the government after their services being taken over by Bihar Madhyamik Shikchha Parishad and they did not given any occasion to them to compliance of any kind till date and they all have been working to the satisfaction of all.” would be that in view of their maximum working experience ranging for a period three years i.e. 2009-12 at best, this Court would direct for giving them such relaxation of age of three years to anyone of them who may have exceeded the maximum age limit of 52 years as laid down in the impugned advertisement. In other words, the maximum age limit for the aforesaid 107 members of the petitioner Association shall be 55 years instead of 52 years as prescribed in the advertisement dated 7.4.2013. In view of the fact that this writ application was filed on 8.4.2013 also assailing the aforementioned employment notice contained in the advertisement dated 7.4.2013 and that this Court has found no flaw in such advertisement, this Court would also give liberty to the aforesaid 107 members of the petitioner Patna High Court CWJC No.7446 of 2013 (2) dt.15-05-2013 7 Association to file their application by 31.5.2013 if they fulfill all the other terms and conditions of the advertisement dated 7.4.2013. In other words for them the last date of filing the application will be 31st May, 2013 in place of 30th April, 2013 which according to Mr. Grijesh Kumar learned Counsel for Respondent had been extended upto 10th May, 2013 even for other general candidates from open market. It is however, even at the cost of repetition, made clear that barring relaxation of age to the petitioners including 107 of its Members, anyone of them filing application for the post of Assistant Resource Person, will have to compete with other applicants and appointment on the posts advertised therefore will be made by Parishad strictly on merit. With the aforementioned observation and direction, this
Decision
application is disposed of. (Mihir Kumar Jha, J) surendra/-