ASHIM KUMAR DAS GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In 1974, a notice was issued by the Bihar Public Service Commission (B.P.S.C. for short) inviting applications for appointment to the posts of Sub -Inspector of Police and Sergeant, now known as Reserve Sub -Inspector. Copy of the notice is Annexure 1 to this writ petition. Petitioners 1 to 4 and respondent Nos. 4 to 27 applied and appeared at the examination. They all qualified in the written examination. Thereafter, an oral test was held by the Central Selection Committee. Twenty -six persons including the. petitioners 1 to 4 became successful for appointment to the posts of sergeant and 80 persons to the posts of Sub -Inspector. The petitioner were appointed as Sergeant under different letters issued to them, A sample copy of the appointment letter is Annexure 2 to this writ petition. The petitioners 1 to 4 joined on 9 -2 -197S as Sergeants. The minute of the Central Selection Committee for appointment of Sergeants and Sub -Inspectors was also published. Copy of which is Annexure -3 to this writ petition, which also contained the names of those petitioners,

(2.) Respondent Nos. 5 to 27 had also applied in pursuance of Annexure -1 for the posts of Sergeant] Sub -Inspector. Although they also successfully qualified In the written test held by B.P.S.C. and were placed above petitioners 1 to 4, they were not found fit by the Central Selection Committee at the oral test either for the posts of Sergeant or Sub -Inspector, They were offered the posts of B.M.P. (Bihar Military Police) jamadars who are governed by Bengal Military Police Manual and appointed to the those posts. They were so appointed without any examination being held for such selection and without calling for any application for such appointment. They have been included in the seniority list in B.M.P. cadre Jamadars and Subedars. Likewise, although the respondent 28 to 38 had applied for the posts of Sergeant/ Sub -Inspector, they were appointed in 1976, commonly known as 1976 Batch, B.M.P. Jamadar. Then also posts of B. M. P, Jamadar were not advertised.

(3.) Petitioners 5 to 8 were appointed sergeant by direct recruitment in 1984 and 1985.