Kapil Kumar v. The State of Bihar
Case brief
What is this about?
Bihar Class-IV post recruitment; panel-based empanelment giving priority to casual/daily-wage workers held arbitrary and violative of Articles 14 and 16; regularisation of 'litigious employment' rejected following Uma Devi (2006) 4 SCC 1; panel pursuant to advertisement cannot continue beyond one year nor be revived; no weightage for illegal appointments regardless of duration; Staff Selection Commission to conduct written examination and prepare merit list; appeals from CWJC Nos. 18612 of 2019, 2332 of 2020, 515 of 2021 (appeal with leave) and 1308 of 2023 concerning Gaya, Saharsa and Rohtas districts dismissed; judicial review under Article 226; equality in public employment.
What did the court decide?
No relief to the appellants; appeals dismissed. State to carry out selection by written examination conducted through the Staff Selection Commission and merit-list based selection and appointment, with the caution that no weightage be given to persons engaged on daily wages without a proper selection procedure.