Justice for the Waiting: A Patna High Court Order on Teacher Appointments in Saran and Other Districts

This case involves a petition to the Patna High Court concerning the appointment of Executive Assistants in various districts of Bihar. The petitioners, a group of individuals seeking these positions, raised concerns about the handling of the appointment process by the Bihar Prashasnik Sudhar Mission Society (BPSMS) and related authorities. 

Background

The BPSMS, established by the Bihar government, initiated a selection process for Executive Assistants in 2015. This recruitment aimed to support the implementation of the Bihar Right to Public Service Act, 2011, and involved creating district-level panels of eligible candidates.

However, the appointment process faced complications. The BPSMS decided that new positions would be filled through BELTRON (Bihar Electronic Development Corporation Limited) instead of the existing district-level panels. This decision led to protests from candidates on the district panels who had already undergone a selection process.

The BPSMS then modified its stance, stating that individuals from the district panels could be engaged for three months, but their continued employment would depend on passing an eligibility test conducted by BELTRON.

Petitioners’ Grievances

The petitioners argued against this new requirement, questioning why they should have to undergo another test after already being selected through a district-level process. They also emphasized the need for Executive Assistants in various government departments and the availability of qualified candidates in the existing panels. The petitioners claimed that the BPSMS's decisions were arbitrary, unjustified, and violated their rights.

Court’s Observations and Decision

The Patna High Court acknowledged the complexities of the situation and the concerns of the petitioners. The court referenced a previous decision stating that inclusion in a panel does not guarantee appointment. However, it also recognized the need to balance this with the legitimate expectations of the empanelled candidates.

The court directed the respondent authorities to adhere to the guidelines outlined in Memo No. 2341 dated December 23, 2019. It ordered that appointments be made from the existing district panels for an initial period of three months. During this period, the appointed candidates would be given the opportunity to take the BELTRON test, with the cost borne by the authorities. Only if candidates failed to clear this test could individuals from outside the district panels be considered for appointment.

The court set a timeline of six months for the entire process to be completed.

Significance

This judgment emphasizes the importance of following due process in public appointments and respecting the rights of candidates who have undergone selection procedures. It also highlights the court's role in resolving disputes between candidates and government bodies, ensuring a fair and transparent appointment process. 

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTUjNDAyOCMyMDIwIzMjTg==-VxzdawCGLSw=