Bihar State Electricity Board's Recruitment Validated by High Court; Autonomy Upheld

The High Court upheld the validity of the advertisement issued by the Bihar State Electricity Board for direct recruitment of Junior Electrical Engineers, stating that the Board had the authority to issue it. The State Government directions were held not binding on the Board, which retained autonomous authority for appointments. The Supreme Court ruled that an undertaking given by petitioners did not prevent them from being considered for future vacancies but must compete as per rules. The Court directed the Board to issue a fresh advertisement and make appointments in a specific ratio, dismissing both appeals with no costs.

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Issues Involved:
1. Validity of the advertisement dated 29.7.1989 for direct recruitment of Junior Electrical Engineers.
2. Compliance with State Government directions dated 18.7.1988 and 5.5.1989.
3. Validity of the undertaking given by the petitioners.
4. Authority of the State Government u/s 78-A of the Electricity (Supply) Act, 1948.
5. Applicability of Rule 7 of the Bihar State Electricity Board Junior Electrical Engineer (General) Cadre Rules, 1982.

Summary of Judgment:

Issue 1: Validity of the Advertisement
The petitioners challenged the advertisement dated 29.7.1989 issued by the Bihar State Electricity Board for filling up vacancies of Junior Electrical Engineers by direct recruitment. The High Court upheld the advertisement, stating that the Board had the authority to issue it and that the petitioners had no right to claim the posts based on the expired 1984 merit list.

Issue 2: Compliance with State Government Directions
The petitioners argued that the Board should comply with the State Government's directions dated 18.7.1988 and 5.5.1989 to appoint them as Junior Electrical Engineers. The High Court held that these directions did not constitute questions of policy u/s 78-A of the Act and were not binding on the Board, which has autonomous authority to make appointments u/s 15 of the Act.

Issue 3: Validity of the Undertaking
The petitioners had given an undertaking that they would not claim the posts of Junior Electrical Engineers when they were appointed as Operators. The Supreme Court agreed with the petitioners that such an undertaking cannot estop them from being considered for future vacancies. However, they must compete with other candidates as per the rules.

Issue 4: Authority of the State Government u/s 78-A
The High Court and the Supreme Court both held that the directions given by the State Government did not involve questions of policy and thus were not binding on the Board. The Board's power to appoint officers and employees u/s 15 of the Act was upheld.

Issue 5: Applicability of Rule 7
The High Court noted that Rule 7 of the Bihar State Electricity Board Junior Electrical Engineer (General) Cadre Rules, 1982, as amended, requires a Selection Committee to consider the cases of Diploma holders for appointment as Junior Electrical Engineers. The Supreme Court directed the Board to issue a fresh advertisement and make appointments in the ratio of 75% by direct recruitment and 25% by absorption, as per Rule 7.

Final Directions:
The Supreme Court directed the Board to issue a fresh advertisement for filling the posts of Junior Electrical Engineers up to 31st March 1992, adhering to the 75-25 ratio for direct recruitment and absorption. Age bar would not disqualify those included in the 1984 panel list. Both appeals were dismissed with no order as to costs.

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