PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:

Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. Learned Counsel for the petitioners submits that the present writ petition has been filed with the following reliefs:-

(i) That this writ application is being filed for direction to the respondent no.4 and 5 to adopt uniform method and to follow the guidelines / directions of the state government while conducting the selection process of Advertisement dated 21.06.2015 for the post of laboratory Technicians and others non gazette post under Health Department and further respondents may be directed to fix minimum qualifying marks as has been done in the appointment of E.C.G. technicians which is similar as both belongs to same group and for any other order / orders may be passed in the facts and circumstances of the case.

3. Counsel for the petitioners further submits that the the petitioners are working as Lab Technicians Assistant in different Govt. Hospital of Bihar for the Last 9 years. In the year 2015, an advertisement bearing Advertisement no. 05010115 dated 21.06.2015 was loaded on the website of the respondent B.S.S.C. Patna for filing up 1772 vacancies of Lab Technicians Assistant on regular basis. He further submits that in view of the advertisement, merit list was prepared on the basis of marks obtained in educational, Higher Technical qualification and experience. He further submits that in view of aforesaid advertisement, applications were invited from suitable candidates and having found the application submitted by the petitioners as per requirement, admit card/invitation letters were sent to the petitioners for appearing in counseling. He further submits that the petitioners appeared for counseling on respective dates and submitted papers of their academic qualification and experience certificate and subsequently, qualifying marks have been fixed and it has been stated that qualifying marks shall be calculated separately from education background i.e., for general 40% out of 85 i.e., 34 and from interview 40% out of 15 i.e., 6 marks whereas in the case of ECG technicians, it has been fixed 40% out of 100 i.e.,40.

4. Counsel further submits that the State Government has already amended Clause-7 of the Circular dated 16.07.2007. In pursuant to recommendation of Principal Secretary dated 14.07.2015, which was done only to avoid favourtism while conducting interview. He further submits that vide letter No.574(4) dated 02.06.2016 has again directed respondent No.4 and 5 to adopt the orders of government and implement the same. He further submits that the BSSC has completed the process of selection of ECG technician and minimum qualifying marks has been fixed on the basis of aggregate marks in written and interview both not on the basis of separate qualifying marks in both written and interview. He further submits that the Commission cannot be allowed to discriminate amongst same class of persons and cannot adopt different yardstick only with motive to dictate the terms and therefore, under RTI, information was obtained that the Commission is trying to take control over the selection process only to adjust some of their favourities and that is why, they are adment to adopt the policy which is not fair and the same in also contrary to directions of the State government.

5. Counsel further submits that due to action of the respondents, the petitioners who were working since 9 years with Health Department are almost average and hence due to illegal act of respondent BSSC, they are apprehensive that they will be ousted inspite of having requisite qualification by BSSC and due to this reason, the present writ petition has been filed by the petitioners.

6. Counsel for the State on the other hand submits that in the year 2014, the Bihar Government has issued a rule, namely, Bihar Lab Technician Cadre Rule, 2014 and notified by the Health Department Government of Bihar vide notification No.142(4) dated 13.02.2014.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNTQwNiMyMDE3IzEjTg==-EaWktvFva6c=

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