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Ranjan Kumar Vs. State of Bihar [16/04/14]

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[Civil Appeal Nos. 4455-4458 of 2009]. [Civil Appeal Nos. 4459-4462, 4463-4466, 4471-4474, 4467-4470, 4477-4480 And 4475-4476 of 2009]. In these appeals, assail is to the judgment and order dated 19.9.2003 passed by the High Court of Judicature at Patna in a batch of letters patent appeals whereby the Division Bench has concurred with the opinion expressed by the learned Single Judge wherein he had quashed the appointment of a number of appointees in respect of the post, namely, Medical Laboratory Technician (MLT) on the ground that the procedure adopted for selection was vitiated as the candidates were selected only by interview without holding any written test though the past practice was to conduct an examination and thereafter hold interview for selection; that the interview was held in a hurried manner; and that the posts being technical in nature, holding of an examination was warranted. We need not state the facts in detail. Suffice it to say that in pursuance of an advertisement issued by the concerned department of the State Government, 182 persons were appointed on the post of MLT. The writ petitioners who participated in the interview could not be selected as they obtained lesser marks than the successful candidates. Their failure necessitated them to knock at the doors of the High Court and the learned Single Judge, as has been stated hereinbefore, accepting the grounds put forth, quashed the selection.

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