DINESH SHARMA DIWAKAR Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Mr. J.P. Shukla, learned Senior Counsel for the petitioner, Mr. D.K. Sinha, Learned Counsel for Bihar Public Service Commission, Mr. Naresh Kumar Malhotra, learned Senior Counsel appearing on behalf of private respondents no. 13 and 14, Mr. Durganand Jha, Learned Counsel appearing on behalf of respondent no. 6 and Mr. Indrajeet Singh, A.C. to S.C.-VI, for the State of Bihar. In this writ application the petitioner has prayed for the following relief:-

(2.) From the pleadings on record as with regard to the aforementioned relief it is borne out that the petitioner and the contesting respondents no. 13 and 14 at one point of time having found themselves to be eligible for the post of Modeler advertised by the Govt, of Bihar through Bihar State Subordinate Selection Board had been interviewed by its successor -body, Bihar Public Service Commission (B.P.S.C.) and it is the recommendation of the Commission in favour of respondents no. 13 and 14 which has been assailed by the petitioner on various grounds.

(3.) The main attack of the petitioner in selection and resultant appointment of respondents no. 13 and 14 is confined to the aspect that while respondent no.13 was overage, respondent no.14 was not qualified for the post of Modeler. This aspect of the matter has been asserted by the petitioner in paragraph 6 which reads as follows:-