STATE OF BIHAR Vs. BAGESHWARI PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment of the High court of Patna in CWJC No. 4220 of 1990 dated 5/3/1992. The only question that arises for consideration is whether Sita Ram Prasad, Respondent 2 was entitled to be promoted as Office Superintendent in a supertime scale on the basis that he was a reserved candidate in the 6th vacancy. The High court in the impugned judgment relying on the judgment of this court in Chakradhar Paswan (Dr) v. State of Bihar 1 held that since the post of Superintendent is asingle post, it cannot be reserved for the reserved candidates. Accordingly, the order of appointment to the reserved vacancy was held to be illegal, a direction was issued to the government to consider the case of the 1st respondent for promotion to the post of OS as a general candidate. The State has impugned that order in this appeal.

(3.) In the government circular, Annx. R-l bearing Letter No. 21-AG-1- 125-KG-20165, the government have decided in providing for reservation and prepared the roster to the posts in the cadre. In para 2, it is stated thus: