ASHOK KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner wants a direction upon the Respondent authority to appoint him on the post of peon in the Civil Court, Saharsa pursuant to the advertisement No. 8/41-8/ 01 -02 published in a local newspaper AAJ on 14.1.2002. The abovementioned advertisement was issued by the District & Sessions Judge, Saharsa for appointment on the posts of clerks and peons in the Civil Court at Saharsa.

(2.) Petitioner states that he was an eligible candidate belonging to Scheduled Tribes (ST.), fulfilling all the requirements and he made an application. He was issued an Admit Card and was even given an interview call which was scheduled to be held on 22.8.2002. Petitioner is supposed to have appeared in the said interview and as per his assessment he performed rather well before the Interview Board. Result of the exercise for recruitment was published on 9.10.2002 and list was forwarded by the District & Sessions Judge, Saharsa to the High Court for approval. According to the Petitioner the list contained recommendation of 56 candidates however the High Court approved only 43 for appointment.

(3.) Petitioner's name did not figure in the list of recommended candidates for appointment. It is his case that he enquired into the matter and he learnt that the Petitioner was denied the benefit of appointment because the Respondents applied a new reservation policy notified by the State of Bihar in the official Gazette on 27.8.2002. By virtue of the said gazette notification the quota for reservation of Scheduled Tribes candidates was brought down from 10% to 1% which could not be done in case of the present appointment.