ASSOCIATION OF SELECTED CANDIDATES Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner which claims to be an Association of Selected candidates for appointment in various capacities in the Bihar State Financial Corporation, (a body created by a notification of the State Government as contemplated in the State Financial Corporation Act, 1951) has moved this court by filing the instant writ application as well as a contempt petition, being M.J.C. No. 41/89, stating inter alia that although this Court in C.W.J.C. No. 764 of 1987 and analogus cases gave a direction to the Respondent-State Government as well as the State Financial Corporation to decide as to whether the directives issued by the State Government shall be applied by the Respondent-Corporation in the matter of appointment in Class I and Class 1l posts in the Corporation or not, has failed to carry out the directions of this Court and instead chosen to nullify the selection already made and to desist from making recruitments in accordance with law.

(2.) The aforementioned judgment of this Court by a Bench has taken pains to consider various provisions of the State Financial Corporation Act, the validity of creation and the role of Bureau of Police Enterprises which functions as a body representing the interests of the State Government and resolves the controversy as to whether a directive issued by the State Government to the State Financial Corporation to make appointments in accordance with the recommendations of the said Bureau by stating inter alia.

(3.) It appears from the documents appended to the writ application that the State Government took steps to consult the Industrial Development iJank on 20-5-1988 and after completing the consultation, issued an instruction on 15-6-1988 to the effect, inter alia that the Development Bank had advised and accordingly the State Government had decided that instructions issued by the Bureau of Public Enterprises, directives thereof and guidelines issued by it shall be binding upon the Bihar State Financial Corporation, The letter, however,also, indicated that the State Government had decided that if any departure or variation in the aforementioned directions and guidelines were needed the respondent Corporation could request the Bureau to approve such variations or departure for a specified period. After the aforementioned Government order was issued, the respondents were required to proceed to make appointments in accordance with the directives as contained in Annexurc-3 01 the aforementioned writ application. They however kept all appointments in advance The petitioner after waiting tor redressal ot their grievances by the respondents moved this court by filing a contempt petition being M. J. C. No 41/89 This Court observed that issues raised in the contempt application were dependent upon the answers to the questions which were left in the aforementioned writ application, such as the scope and limitation under which Section 39 of the Act has to work, there may not be a case of contempt but lor examination of the whole matter in a properly constituted writ application, the petitioner has according filed the instant writ application.