Bihar Junior Engineer Recruitment: Supreme Court Directs Fresh Selection Process
The case of Shashi Bhushan Prasad Singh vs. The State of Bihar & Others involved a long-standing legal battle over the recruitment process for Junior Engineer (Civil) positions in Bihar. The Supreme Court was tasked with determining the validity of the recruitment process and the legality of the cancellation of the selection process after the results were prepared. The ruling emphasized the principle that rules of recruitment cannot be changed after the selection process is completed.
Background of the Case
The dispute began when the Bihar Technical Service Commission (BTSC) issued Advertisement No. 01/2019 on March 8, 2019, inviting applications for 6,379 vacancies for the post of Junior Engineer (Civil) across various state departments.
The eligibility criteria specified that candidates must have:
- A Diploma in Civil Engineering from a university recognized by the All India Council of Technical Education (AICTE) or a deemed university approved by the University Grants Commission (UGC).
However, some applicants with diplomas from private universities that were recognized by the UGC but not approved by AICTE were declared ineligible. This led to multiple legal challenges.
Challenges to the Recruitment Rules
The writ petitioners (unsuccessful candidates) argued before the Patna High Court that Rule 9(1)(ii) of the Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules, 2017 was inconsistent with statutory provisions and violated their fundamental rights. They relied on the Supreme Court’s ruling in Bharathidasan University & Anr. vs. AICTE & Ors. (2001) 8 SCC 676, which held that universities are not required to seek AICTE approval for technical courses.
Patna High Court Proceedings
The High Court was already hearing multiple cases challenging various aspects of the recruitment process. On April 2, 2022, the BTSC published a Select List of successful candidates, but in compliance with court orders, it stated that the appointments were subject to the outcome of pending litigation.
In another case, the High Court struck down Rule 4(A) of the Rules, which granted 40% institutional reservation to diploma holders from state-run polytechnic institutes. The court directed BTSC to prepare a fresh Select List without this reservation.
State Government’s Decision to Cancel Recruitment
On January 25, 2023, the Bihar government held a high-level meeting and decided to:
- Cancel the recruitment process under Advertisement No. 01/2019.
- Withdraw the requisition sent to BTSC and send a new one after amending the rules.
- Repeal the existing recruitment rules and notify new rules.
- Provide a one-time age relaxation to affected candidates.
When this decision was placed before the Patna High Court, it disposed of all pending petitions, allowing the state to amend its rules and restart the recruitment process.
Supreme Court Proceedings
Petitioners’ Arguments
The petitioners, represented by Senior Advocates Rajeev Dhavan, Ranjit Kumar, and Meenakshi Arora, contended:
- Candidates had participated in the selection process and were bound by the doctrine of acquiescence, meaning they could not challenge eligibility criteria post-facto.
- The cancellation of the recruitment process after finalization of the Select List amounted to changing the rules of the game after it had been played, violating the principles laid down in K. Manjusree vs. State of Andhra Pradesh (2008) 3 SCC 512.
- The petitioners had a vested right to appointment after being declared successful.
- The government failed to specify the anomalies in Rule 9(1)(iii) that necessitated cancellation.
Respondents’ Arguments
The Bihar government, represented by Senior Advocate Maninder Singh, countered:
- The government was justified in scrapping the process due to numerous legal challenges and procedural issues.
- The recruitment process had been subject to multiple interim orders from the High Court.
- The selection process was carried out with the caveat that appointments were subject to litigation, and thus, no right to appointment was created.
- As of September 2024, 9,187 Junior Engineer posts remained vacant, affecting state operations.
Supreme Court’s Observations
1. Candidates Cannot Be Penalized for Procedural Errors
The Court held:
“The recruitment process cannot be scrapped arbitrarily when candidates have been declared successful. The state must complete the process in a lawful manner.”
2. Changing Rules After Selection Is Impermissible
The Court relied on K. Manjusree’s case, which held:
“Changing the selection criteria after the process is completed is impermissible and unfair.”
3. A Fresh Select List Must Be Prepared
The Court directed BTSC to:
- Prepare a Fresh Select List within three months.
- Include candidates previously declared ineligible due to AICTE recognition issues.
- The Bihar government must finalize appointments within 30 days of receiving the list.
Final Judgment
The Supreme Court ruled:
- The appeals were allowed.
- The state’s decision to cancel the recruitment process was set aside.
- A Fresh Select List must be prepared and implemented.
- The government must adhere to the three-month deadline.
Conclusion
The Supreme Court’s ruling in Shashi Bhushan Prasad Singh vs. The State of Bihar ensures fairness in government recruitment by preventing arbitrary cancellations. The key takeaways are:
- Once a selection process is completed, it cannot be scrapped arbitrarily.
- Eligibility criteria must be determined before recruitment, not altered afterward.
- The state must expedite appointments to fill vacancies.
This decision reinforces the principle that recruitment processes must be conducted transparently and fairly, protecting the rights of candidates who qualify through due process.
Petitioner Name: Shashi Bhushan Prasad Singh.Respondent Name: The State of Bihar & Others.Judgment By: Justice Bela M. Trivedi, Justice Satish Chandra Sharma.Place Of Incident: Bihar.Judgment Date: 04-10-2024.
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