Director (Minerals), Dalontgunj
Circle Vs. Mustak Ali
& Ors  INSC 3 (2
K.G.B. Pattanaik (J)
1996 AIR 1586 1996 SCC (2) 23 JT 1996 (1) 77 1996 SCALE (1)153
APPEAL NO. 1577 OF 1995. (Arising out of SLP (C) No.15440 of 1994) O R D E R
Though notice was served on the respondents, none appeared either in person or
granted in both the special leave petitions.
No.1576 of 1996 @SLP [C] No.5321/94 The only controversy is whether the High
Court was right in its impugned order in CWJC No.25/92 made on March 11, 1993
to direct the appellants to implement the list prepared by the Deputy
Commissioner, Palamau at Dalontgunj to appoint respondents in this case. There
appears to be two procedures prevailing in the State of Bihar, namely, Deputy Commissioner or
District Magistrate to prepare list of eligible candidates according to the
procedure provided for appointment of Class III and Class IV employees to the
vacancies existing in the District. Equally, instructions were given for the
Department of the Mines and Geology which is now annexed as Annexure 2 in the
paper book. It would indicate in para 3 there in that a committee consisting of
Deputy Director (Geology) -Chairman,
Assistant Director (Geology) of the Circle - Member,
District Welfare Officer of the District where the circle office is located -
One officer of Scheduled Castes/Scheduled Tribes - Member, were required to
select candidates for appointment as Class III & Class IV employees of the
appellants-Department. Instead of acting on it, the appellate Court directed to
appoint the candidates found in the list sent by the District Magistrate. The
question is whether the Department is bound by the directions and appoint
candidate from the list prepared by the Deputy Commissioner or the District
Magistrate, as the case may be? If it is so held, the needs of each Department
of Government, when required to select candidates and to prepare the select
list after following the selection procedure and recruitment of Class III and
Class IV employees would be frustrated and the prescribed procedure would be
rendered surpluses and otios. Our answer is yes.
Department was to constitute a committee for selection of such candidates and
to make appointment of the selected candidates selected by the committee. Thus
we can visaulise that, as regards the Department of Mines and Geology, they are
regulated by yet another prescribed procedure than was done by the district
authorities to select the candidates as per requirement of the Department.
Deputy Commission or District Magistrate, though is competent to prepare list
after due selection, it would be for the Department to select and appoint according
to rules. We are of further view that acceptance of list of candidates sent by
District Magistrate would frustrate the regulations and acts counter productive
to step up appointment of persons not either qualified or eligible for the
posts of the other Department.
would not be a recruitment Board constituted for all the Departments. Under
these circumstances, the High Court was wholly unjustified in issuing direction
to follow the list prepared by the Deputy Commissioner. The said directions are
would be open to the appellants to select such candidates according to rules.
It would call the names from employment exchange and also by publication in
newspaper and to select the eligible and fit candidates for 8 vacancies
available in the Department or any post available as on today. It should be
done after publication of an advertisement in that behalf calling for
application and also calling names from employment exchange. The Committee
should consider their cases and select the candidates according to rules and
then appointment order shall be made thereafter.
C.A. No.--------of 1996 @ SLP [C]
NO.15440 of 1994 This appeal relates to the appoint of Class III and Class IV
employees in Labour and Employment Department. For the same reasons as given
above, the directions issued by the High Court were wholly unjustified in law
and are set aside.
result, both the appeals are allowed. No costs.