Patna High Court Upholds Correction of Select List for Clerk Appointments

Court Validates Action by District Legal Services Authority to Adhere to Reservation Policy, Dismissing Petitioner's Claim

In a significant ruling, the Patna High Court has upheld the decision by the District Legal Services Authority (DLSA) to cancel an initial select list for Clerk appointments due to non-compliance with the reservation policy, and subsequently issue a corrected list. The judgment, delivered by Justice Partha Sarthy, dismisses the petitioner's plea to accept his joining based on a previously issued appointment letter.

The petitioner, Sanjay Kumar, had applied for the position of Clerk under the Backward Class (BC) category following Employment Notice no.1&2/2011 issued by the DLSA for appointments in Munger, Lakhisarai, and Sheikhpura. Having successfully cleared the written test and interview, Kumar's name appeared in the original select list dated January 15, 2012, and he received an appointment letter on January 30, 2012.

However, the DLSA discovered errors in the initial list, particularly the non-adherence to the reservation policy mandated by Sankalp no.2374 dated July 16, 2007. Subsequently, the appointment committee, with approval from the Bihar State Legal Services Authority, canceled the initial select list and appointment letters, announcing plans for a corrected list.

The corrected select list issued on July 4, 2012, did not include Kumar's name, prompting him to file a petition challenging the cancellation and seeking acceptance of his joining. Kumar argued that the respondents could not issue a new select list without first canceling the previous one.

In defense, the respondents maintained that the correction was necessitated to comply with the reservation policy. The court noted that the petitioner's appointment was temporary and contingent, and his non-joining further weakened his claim.

Justice Sarthy concluded that the actions of the DLSA were lawful and in line with the reservation policy, dismissing the petitioner's application for lack of merit.

Bottom Line:

Appointment process - Cancellation of select list due to non-compliance with reservation policy - Issuance of a corrected select list in adherence to the reservation policy upheld - Appointment letters issued earlier were temporary and contingent on compliance with the policy. 

Statutory provision(s): Sankalp no.2374 dated 16.7.2007

Sanjay Kumar v. Chairman District Legal Services Authority, (Patna) : Law Finder Doc Id # 2782852