SRINIWAS KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition on behalf of two petitioners has been filed seeking direction to fill 48 posts of Agriculture Inspector/Block Agriculture Officer or equivalent posts by candidates belonging to Backward classes who had passed the B.Sc (Agricultue) Examination between 1980 and 1987, and to appoint them on such posts in the process. They had earlier also approached this Court in CWJC No. 5279 of 1995. this Court declined to grant any relief observing that the 'chain system' of appointment having been held to be ultra vires by this Court no order can be passed in their favour. They were, however, permitted to pursue the representation which they claimed to have filed.

(2.) The matter seems to have been examined at different levels by the departments of Agriculture and Personnel and Administrative Reforms in the light of the said observation of this Court. At one stage, it was decided to consider the leftover candidates belonging to the Backward classes category and accordingly on, 30 -12 -1997 vide Annexure -7 particulars were called for from the candidates at large to be submitted by 25 -1 -1998 giving reference to CWJC No. 5279 of 1995 (Supra) and circular of the Personnel and Administrative Reforms Department Later on 13 -3 -1998 vide Anneyure -6 candidates were asked to appear with the requisite papers for interview. Subsequently, however, the government decided not to make any appointment pursuant to the said advertisement dated 13 -3 -1998 which was cancelled. A notice to this effect was published on 6 -5 -2000 vide Annexure -1. A speaking order was also passed in the matter by the Director of Agriculture on 30 -6 -2000 vide Annexure -2. The petitioners seek quashing of the said notice and the order.

(3.) The respondents have filed counter -affidavit taking the stand, in substance, that the desired appointment would be contrary to the decision of this Court in the case of Deota Nath Tiwary v. State of Bihar 1989 PLJR 580.