KAUSHLENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ application has been filed seeking quashing of a communication dated 18.09.2019 sent to the petitioner by the Special Secretary, Health Department, Government of Bihar vide Memo No. 860(11) whereby he has been informed about rejection of his claim for appointment as BCG Technician, though recommended by the Bihar Public Service Commission (hereinafter referred to as 'the Commission').

(3.) Facts are not at all in dispute. The petitioner is one of the appointees of infamous appointments made by Dr. A.A. Mallick, the then Deputy Director, Incharge of Tuberculosis Centre, Health Department, Government of Bihar, who had made 6000 appointments, mostly against non-existent posts. Their appointments were subsequently cancelled and the matter had travelled up to Supreme court against dismissal of the employees who were appointed by Dr. Mallick. While refusing to interfere with dismissal of the employees, the Supreme Court in its decision in case of Ashwini Kumar and others vs. The State of Bihar and others reported in (1997) 2 SCC 1 had issued certain directions. It was in the light of the said direction of the Supreme Court that the Commission had undertaken an exercise of selection leading to issuance of advertisement No. 01/1997. It transpires further that the Commission finally recommended a panel for appointment of 321 persons and sent it to the State Government. Petitioner's name figured at serial no. 297, which is not in dispute.