September 21, 2020

HC scraps entire recruitment process of class-IV employees in sub-ordinate courts across Bihar

PATNA: The Patna high court on Tuesday scrapped entire recruitment process of class-IV employees for hiring in subordinate courts in Bihar, being made through old rule rolled out in 2009 in which mere passing interview was necessary for selection.
The division bench of Chief Justice Rajendra Menon and Justice Rajeev Ranjan Prasad, while pronouncing the judgement on a PIL of Bihar Yuva Adhiwakta Kalyan Samitee, said recruitment process must start afresh in accordance with the Bihar Civil Court Officers and Staff (recruitment, promotion, transfer and other service conditions) Rule, 2017.

In the old rule, recruitment was made only on basis of interview taken by competent authority but in the new rule, written test of 85 marks was made mandatory while 15 marks was kept for interview.

The court, while disposing of the matter, also said the vigilance section of high court, after completion of inquiry, would take call on those candidates who have been issued appointment letters after selection through the older process.

The new rules were rolled out in the state on May 23 last year in which the registrar general of the Patna high court was made appointing authority. The rules were formed after Supreme Court’s order delivered on February 13, 2014 in which it directed all the high courts across India to re-examine the recruitment rules for high courts and sub-ordinate courts in consideration with the Article 14 of the constitution.

However, even after the new rule came into effect, recruitment process for class-IV employees were being made by old rules at district level. The petitioner had alleged gross irregularities in recruitment process as more than 1000 candidates were being interview each day at some districts.

The high court earlier on October 16 last year, had directed district and session judge of all sub-ordinate courts to immediately stop entire recruitment process with directions that nor result of selection would be declared neither any recruitment process would be initiated.

However, even after stay, the recruitment advertisement were published in Kishanganj which was again stayed by the high court.

The high court on Tuesday also expressed its concern over the manner in which selection process was going on.

Advocate General Lalit Kishore, terming the Tuesday’s judgment as landmark one, said it’s an example for high courts. “HC displayed that in matter of people’s appointment, transparency, fair-play and competence, all mandate of constitution, can’t be overlooked,” he said. Satyabir Bharti represented the high court in the matter while Dinu Kumar, Ritika Rani and Arvind Kumar Sharma represented the petitioner.

Courtesy: TNN

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