PRAKASH CHANDRA AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THIS is an appeal by special leave filed against the judgment of the High court of Patna in Civil Writ Jurisdiction Case 1449 of 1984 dated 16/04/1985 by which the High court declined to grant the prayer of the appellant for the inclusion of his name in the list of successful candidate's at the 19th Competitive Judicial Service Examination held in December 1979 by the e Bihar public service commission (hereinafter referred to as 'the Commission'). The facts of the case are briefly these. Pursuant to an advertisement issued by the Commission in the month of October 1979 calling for applications from eligible candidates to fill up the posts of Munsiffs in the Bihar Judicial Service, the appellant filed his application before the Commission within time. He appeared at the Competitive Judicial Examination held in the month of December 1979, the Roll No. allotted to him being 388. Thereafter on 27/07/1981 he appeared at the viva voce test held by the Commission. The appellant obtained in all 416 marks including the marks obtained at the viva voce test. He, however, did not receive any order of appointment although a candidate who had secured in the aggregate lower marks than what he had secured had been appointed as Munsiff. Aggrieved by the non-inclusion of his name in the list of successful candidates he filed the above said writ petition in the High court of Patna under Article 226 of the Constitution which ultimately came to be dismissed as mentioned above. THIS appeal by special leave is filed against the judgment of the High court.

(3.) RULE 15 of the RULEs which is material for the purpose of this case reads as follows :