Judgment:
R.R. Prasad, J.
Heard learned Counsel appearing for the petitioners and learned Counsel appearing for the State.
1. Learned Counsel appearing for the petitioners submits that it is the case of the petitioners that pursuant to Advertisement No. 02/2002, dated 24.04.2002, issued by the District Administration, Hazaribagh, the petitioners submitted their applications for appointment on Class-IV post and After taking written examination and also other tests, the petitioners came out successful and hence, their names were empanelled in the panel, prepared by the Selection Committee. Thereafter, respondent No. 3 the Principal, Indira Gandhi Residential Girls School, Hazaribagh vide her Letter No. 579 dated 10.09.2005 made a request before the respondent No. 2 the Deputy Commissioner, Hazaribagh, for sending the names of the eligible candidates for their appointments on Class-IV post, pursuant to that respondent, No. 2 vide his Letter No. 540 dated 31.10.2005, sent a list of twenty eight candidates, making recommendation for their appointments on Class-IV post in the said school, but only six candidates were found to be eligible to be appointed in the Establishment of the School and, hence, list of twenty two candidates, who were not found technically qualified, were returned. Thereafter as per the statement made in counter affidavit filed on behalf of the respondents-2, further exercise was under taken to select the candidates technically suited for the different jobs at the School and in that pursuit, the candidates were asked to furnish certificate, regarding extra qualification such as technical skill/experience of Cooking/Plumber, Treasury Sarkar etc. On scrutiny, only nine candidates were found to be suitable and hence, their names were recommended for the appointment on the said post vide Letter No. 340/Naz. Dated 18.04.2006. Subsequently, taking into consideration that thirteen posts are still existing in the said school, similar procedure was followed and on scrutiny, six candidates including these four petitioners were found to be suitable as per the requirement of the said School and hence, their names were recommended vide Letter No. 478/Naz. Dated 09.06.2006 Annexure-3.
2. As per the case of the petitioners, pursuant to said recommendation, the petitioners approached respondent No. 3 for their appointments on Class-IV post, but they were not allowed to join in the said School in their respective posts and, therefore, a representation was filed on 26.09.2006 before the respondent No. 3, but still no decision has been taken in the matter as a result of which, these petitioners are still unemployed whereas some of the other successful candidates, who were down below in the panel, have been given appointments on Class-IV post though in a different departments and, therefore, these petitioners have filed this writ application, praying therein to direct the respondent No. 3 to accept the recommendation, made by the respondent No. 2 and to allow them to join their respective posts.
3. Case of the respondent No. 3, as has been given in the counter affidavit is that the said School was established in the year 1984 and the government had constituted a Committee known as Governing Body to whom the government has delegated its power and function for running the school smoothly. Further as per relevant rule, a Selection Committee has been formed for selection of the candidate for appointment under the Chairmanship of the Principal of the School and hence, if any, recommendation is made for appointment on Class-IV post in the School, that needs to be placed before the Selection Committee for its scrutiny and approval as nature of the work of the employees of the said School is quite different from the other general government Office/School. For example, the school does have Class-IV posts of Plumber, Electrician, Cook, Library Assistant, Gardner, Sweeper, Ashram Sevika etc. and for these posts, some specialization and experience is required. Under this situation, when list of twenty eight candidates were forwarded for their appointments on Class-IV posts, the Selection Committee of the School on scrutiny found only six candidates to be eligible and hence, the Selection Committee recommended the names of six candidates for their appointment on Class-IV post before Governing Body of this School, which matter would be placed before the Governing Body in its next meeting. In the meantime, respondent No. 2 again forwarded the names of six candidates including these petitioners for their appointment on different Class-IV posts and the list contained the name of Smt. Usha Mishra-petitioner No. 1 also, who had earlier been recommended for her appointment, but the Selection Committee of the said School had rejected her claim. However, it has been stated that these petitioners can be appointed against the recommended posts only, if they are found suitable by the Selection Committee of the School for their appointments and the recommendation made by the Selection Committee gets approved by the Governing Body. But presently, matter relating to the appointment of six candidates, whose recommendation has been earlier to these petitioners, is still to be placed before the Governing Body, as per the direction given by the Regional Development Officer, South Chotanagpur Division, Hazaribagh and under this situation, the names of these petitioners would be considered only after the decision, regarding appointment of other six candidates is taken.
4. Having heard learned Counsel appearing for the parties and on perusal of the record, it does appear that after holding certain tests, candidates were selected for their appointments on Class-IV post by the District Selection Committee, Hazaribagh and names of twenty eight persons, as per the request made by the respondent No. 3, were sent for their appointments on Class-IV post in the said School, but the Selection Committee of the School found only six candidates to be eligible for their appointments on Class-IV posts and the list of rest of the candidates, was returned with the comments that the School needs certain persons to be appointed with specific qualification/experience. Accordingly, the District Selection Committee undertook a fresh process keeping in view the requirement of the School and called for, experience certificate/technical certificate etc. from the respective candidates and after scrutiny, only nine candidates were found to be eligible to be appointed on Class-IV post in the; said School and, accordingly, their names were recommended vide Letter No. 340 Naz. Dated 18.04.2006 and subsequently, keeping in view that further vacancy does exist in the School and these petitioners and two others are fulfilling the criterias, made recommendation for their appointments on class IV post in the said school under Letter No. 478 Naz. Dated 09.06.2005.
5. It further appears that when the first list was placed before the Selection Committee of the School, six were found to be eligible, whose matter, according to the respondent No. 3 is still to be placed before the Governing Body of the School for approval and thus stand has been taken by respondent No. 3 that, matter relating to appointment of all the candidates including these petitioners would be taken by the Selection Committee. After noticing all these facts, one does understand that as per the Rule, the School does have Selection Committee for the purpose of making recruitments of Class-III and Class-IV employees and any selection made by the Selection Committee needs to have its approval of the Governing Body, before being appointed on Class-IV post, but in spite of that the authorities of the school without taking the Selection process by themselves made request from the authority of the District Administration for providing list of the eligible candidates, who came out successful in the process of selection under taken by the District Administration for their appointments, pursuant to that, when a list of successful candidates is made available, the Selection Committee did find only few candidates to be eligible to be appointed on Class-IV post and the list of rest of the candidates, was returned with the comments that due to lack of certain qualification and experience, candidates were not found fit to be appointed whereas candidates having certain qualification/technical experience needs to be appointed. In that event, as per the statements made by the respondent No. 2, a fresh process for short listing the list, as per the requirement was undertaken and then the District Administration having been satisfied with the eligibility of the candidates, suited to the requirement of the School, made recommendation and in that event, one can presume that only certain formalities to be done by Selection Committee of the School, but still decision has not been taken by the Selection Committee or even by the Governing Body, though the matter is pending since 2006.
6. Therefore, under this situation, this writ application is disposed of with a direction to the respondent No. 3 the Principal, Indira Gandhi Residential Girls School, Hazaribagh, to get the decision regarding appointments of these petitioners on Class-IV posts in the said School, be taken within a period of four months from the receipt/production of a copy of this order.