Paragraph numbers below are the court’s original numbering, recovered from the source text.
1. Respondent-State of Bihar may start at the earliest a fresh exerci5e B for recruiting Class III and Class IV employees in the Tuberculosis Eradication Programme undertaken by the State as a part of 20-Point Programme on the available 2250 vacancies or even more vacancies, as the case may be, preferable within three months from the receipt for a copy of this order.
2. Towards the said exercise the State will publish a notice in all the newspapers having circulation in the State inviting applications for direct recruitment to Class III and Class IV posts for filling up these vacancies in the said Programme.
3. Similarly names ni.ay also be called for from the concerned Employment Exchange for such recruitment.
4. If no statutory body composed of high-ranked officials for recruit- ment to Class III and Class IV employees is in vogue, the State is directed E to constitute a committee consisting for three members, viz., (a) a member of the Public Service Commission : {b) a senior IAS officer, i.e., the Additional or Joint Secretary of the Health Department; and (c) a senior officer, i.e., the Director or Additional Director of Health Service, to select the candidates. The Additional or Joint Secretary of Health Department shall be the Chairman of the Committee.
5. The respondent-State will constitute such a committee preferably within three months of the receipt of this order.
6. It would be open to all the appellants or those appointed by Dr. Mallick who might not have challenged their termination orders before any G competent court uptill now, to apply for selection to the concerned Class III and IV posts. The committee would in their cases as first step, verify and satisfy itself of the credentials of such candidates whether they were appointed by Dr. Mallick and had worked at least for three years con- tinuously. The committee would also satisfy itself that such candidate or H A candidates honestly and meritoriously discharged their duties as Class III and Class IV appointees, at least for the said period.
7. The committee may fix total number of marks to be obtain~d by the candidates for being treated to have passed the selection test. Any relaxation in the minimum eligibility marks to be obtained by the Scheduled B Castes. Scheduled Tribes and Other Backward Classes candidates as found necessary may also be decided by the Committee. The committee if satis- fied about the credentials and other particulars of the appellants or those appointed by Dr. Mallick as mentioned in paragraph (6) above, may allot additional marks to them for each of the three years and more for which C they might have worked, at the rate of 2 marks for each completed year of continuous working upto the maximum of 6 marks, for each candidate. Candidates appointed by Dr. Mallick who are found to have undertaken training pursuant to Government direction dated 31.1.1987 may be awarded 2 additional marks for the training so received. Those 2 marks D will be in addition to the 6 marks which are to be awarded on completion of meritorious and honest service by the concerned employees as men- tioned above.
8. If the concerned candidates who were earlier appointed by Dr. Mallick are found by the committee to be otherwise eligible for being E appointed to Class III and Class IV posts as per the refevant rules and regulations and if on the basis of the marks allotted to them as aforesaid they become eligible to be appointed besides other competing candidates, then if they are found to have become age barred the condition of age for recruitment of such candidates should be relaxed appropriately so as to F entitle such candidates to be considered for selection.
9. The State Government shall arrange sittings of the Selection Committee preferably within two months from the last date prescribed for submitting the applications and for completion of the preliminary scrutiny of such applications. The committee shall select all candidates on merits G following the prescribed procedure in the appropriate circulars and rules and shall also follow the rules of reservation as in vogue and prepare the merit list and should submit it to the government. While doing so the eligible candidates who were earlier appointed by Dr. Mallick and who received the marks for their past meritorious service and training as H aforesaid will be considered for selection qua the other candidates in the ASHWANIKR. v. STAIB(S.B.MAJMUDAR,J.] '155 light of the weightage of the marks as aforesaid and in that light the A committee will select all the candidates on merits and will prepare the select list of candidates found fit to be appointed to the concerned posts.
10. The committee will complete the process of selection preferably within three months from the date of its sittings for selection.
11. An appropriate authority or the government, as the case may be, will appoint preferably within three months from the date of the receipt of the merit list from the committee, the selected candidates as per roster and the m_erit list, on available vacancies, after due identification of the creden- tials of the candidates concerned as per its legally permissible procedure. C
12. In the event of selection and appointment of erstwhile daily-rated employee or employees, who were inducted by Dr. Mallick, the entire proved period during which they had worked as daily wager and/or con- firmed employees will be computed for the purpose of pensionary and other retrial benefits but they will not be entitled to claim any inter se higher D seniority in the selection made by the committee or for any promotion on the basis of their previous service. The appeals are disposed of in the above terms. In the facts and circumstances of the case there will be no order as to costs. R.A. Appeals dismissed of.