SUDHIR KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A. No. 2684 of 2010 This interlocutory application has been filed on behalf of one Krishna Kant Singh @ Chhote seeking leave of this Court for allowing his intervention in this appeal on the ground that his case stands almost on the same footing as that of the appellants herein.

(2.) In this regard it was sought to be explained by Sri Vijay Kumar Verma, learned Counsel for the intervener on the basis of two documents enclosed with the intervener application that the aforesaid Krishna Kant Singh was also initially appointed on the post of Tuberculosis Assistant by Mr. A. A. Mallick on 16.2.1987 and was removed from service on 13.4.1993 on the ground that his appointment was illegal being violative of the rules and procedure of appointment on the post of Tuberculosis Assistant and in complete breach of Article 14 and 16 of the Constitution of India. The intervener claims subsequently that he too in view of judgment of the Apex Court in the case of Ashwani Kumar and Ors vs. State of Bihar and Ors., reported in (1997) 2 SCC 1 was called for interview by the Bihar Public Service Commissioner (hereinafter referred to as the Commission) by letter No. 506 dated 9.3.2000 but was ultimately not selected. It has thus been convassed that he should be impleaded as a party to this appeal and be given same relief as that to unsuccessful appellants-writ petitioners of L. P. A. No. 19 of 2007 and therefore he may also be allowed to be impleaded as an appellant and/or made party for giving the same relief.

(3.) Having considered the averments made in this application as also upon hearing of learned counsel for the proposed intervener, Krishna Kant Singh @ Chhote, this Court is of the opinion that he cannot be now added as a party to assail the order of the learned single Judge inasmuch as he had not joined the appellants-writ petitioners, who being conscious to their cause, had immediately filed a writ petition after completion of selection process by the Commission and consequential appointments made by the State Government in terms of the recommendations of the Commission.