RAMA SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications i.e. C.W.J.C. No. 2378 of 1993 and C.W.J.C. No. 5049 of 1993 were made analogous by order dated 7.7.94 passed in C.W.J.C. No. 2378 of 1993 and had been heard together and as both the writ applications challenged the provisions of Bihar Finance Service (Selection by Appointment) Act, 1990, specially section 13 of the said Act (herein after to be referred to as 'the Bihar Act 16 of 1990 '), and as both the writ applications were heard together, as such with the consent of the parties, they are being disposed of by this common judgment.

(2.) THE contention of learned counsel for the petitioners is that the aforesaid Act is prejudicial to the petitioners, specially section 13 of the said Act as the same debars the petitioners for being considered for appointment through nomination and selection to the Bihar Finance Service, it has further been contended that the aforesaid provision be declared ultra vires and void being in contravention of Article 16 read with Articles 33 and 39 of the Constitution of India.

(3.) THE further contention on behalf of the petitioners is as to whether petitioners who were similarly situated like other employees of the State Government were not being discriminated by their debarment from consideration for promotion by nomination to the Bihar Finance Service and as to whether such debarment was not violative of the fundamental right or equality as envisaged under the Constitution of India. It has also been contended that as to whether any Act, can be given retrospective effect and take away the right for consideration which has already accrued to the petitioners and other similarly situated persons for promotion by nomination when vacancies have already been declared for promotion and consideration of persons like the petitioners and other similarly situated persons.