BIHAR STATE ELECTRICITY BOARD Vs. HEMANT KUMAR

JUDGEMENT

(1.) FOR appointment against four posts of Accounts Officer (in the unreserved category) in the Bihar State Electricity Board, respondent no.1 (the writ petitioner) was selected by the selection committee as the fifth candidate, in order of merit. One of the selected candidates, second in order of merit did not report for joining. Thus, one of the posts intended to be filled up remained vacant. The writ petitioner claimed appointment against the post remaining vacant due to the non -joining of the second candidate selected for appointment. Failing to get a favourable response from the Electricity Board, the writ petitioner came to this court in CWJC No. 7526 of 1997 seeking appropriate directions to the Board for his appointment as Accounts Officer. The writ petition was allowed by judgment and order, dated 17.11.1997 passed by a learned Judge of this court sitting singly. The Board has preferred this appeal under clause 10 of this Court 's letters patent against that judgment.

(2.) IN the judgment coming under appeal, the learned single Judge found and held that: ''Therefore, the petitioner must be treated to be a candidate whose name is appearing in the waiting list as one of the four persons did not turn up. The petitioner has, therefore, a right to be considered against the said vacant post as being a candidate in the waiting list.' ' (emphasis added)

(3.) MAKING reference to yet another decision of the Supreme Court in Jai Narain Ram vs. State of U.P. and others, A.I.R. 1996 S.C.703, the learned single Judge made the following observation: