Plea Filed Before Patna HC Challenging Recruitment Process Of Department of Excise, Prohibition and Registration, Bihar Gov That Allowed Only CNLU Graduates To Apply

A petition has been filed before the Patna High Court challenging the notification dated December 1, 2021 wherein 31 appointments had been made to the post of Legal Consultant by the Department of Excise, Prohibition and Registration, Government of Bihar on the ground that such a recruitment process was discriminatory as it allowed only law graduates from the Chanakya National Law University, Patna (CNLU) to apply for the post.

The petition moved by one Anupam Prabhat Shrivastava, a law graduate from School of Law and Governance, Central University of South Bihar contended that the recruitment process is illegal and prima facie discriminatory as law graduates from only one specific university were given the benefit of applying. 

"This entire process of appointment arbitrarily and illegally deprives and excludes the petitioner who had obtained LLB. degree from the Central University of South Bihar from competing for the post of Legal Consultant in the Department of Excise, Prohibition and Registration, Government of Bihar", the petitioner further alleged. 

The plea stated that on November 22, 2021, the Additional Chief Secretary, Department of Excise, Prohibition and Registration, Government of Bihar had sent a letter to the Vice Chancellor of CNLU to send a list of 20 law graduates whom the Department could engage as Law Clerks. Thereafter,  a letter dated December 1, 2021 had been issued by the Department containing a list of 31 law graduates who had been appointed as Legal Consultants in various districts of Bihar. 

Furthermore, the plea averred that on December 3, 2021 a letter was further sent to the Dean of Social Studies, CNLU by the Department requesting him to send a list of law gradates who can be appointed as legal consultants in 15 other districts of Bihar in which appointments could not be made on December 1, 2021. 

Accordingly, the petitioner contended that such a recruitment process violates the constitutional right to equality of opportunity and employment in public offices guaranteed under Article 16 of the Constitution. It was further averred that the respondent authorities have 'acted maliciously' for providing benefit to only law graduates from a particular university thereby violating the right to livelihood of the petitioner. 

Furthermore, it was alleged that the Department did not send any such letter for the purpose of such appointments to any other universities such as- Central University of South Bihar, Patna University nor did it issue any public notification on its website or through newspaper making it accessible to the law graduates from other universities of Bihar. 

"Such secrecy was maintained in the entire process of appointment, which itself creates a reasonable doubt and suspicion on the motive of the Department of Excise, Prohibition, Registration, Government of Bihar", the plea further alleged. 

The petitioner further submitted that the appointments had been made in such a hurried manner that within a week the entire process of appointment was completed. This kind of hurried approach itself imposes a question mark on the intention of the Department, it was alleged further. 

The petitioner has been represented by advocate Vishal Kumar Singh. 

Case Title: Anupam Prabhat Shrivastava v. State of Bihar