SURESH KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by one Suresh Kumar Mishra, an applicant for selection and appointment to the post of Assistant Public Prosecutor.

(2.) In answer to the advertisement published on 28th March, 2009 by the Bihar Public Service Commission (hereinafter referred to as 'the Commission'), the petitioner has applied for selection and appointment as Assistant Public Prosecutor. The recruitment is stilI In process. He has filed this petition to challenge the constitutional validity of the Government Notification dated 6th August, 2010 issued under proviso to Article 309 to the Constitution. Under the impugned Notification Rule 36 of the Bihar Prosecution Manual, 2003 (hereinafter referred to as "the Manual") has been amended to empower the Commission to hold a preliminary examination in case the number of the applicants compared to the post advertised is disproportionately high. The petitioner also challenges the essential instruction issued by the Commission on 23rd October, 2010 intimating to the applicants the modification in the syllabus for the examination for recruitment of the Assistant Public Prosecutors.

(3.) Learned Advocate Mr. Bindhyachal Singh has appeared for the petitioner. The challenge is twofold. He has submitted that once the recruitment process has commenced the State Government has no power to amend the recruitment rules so as to affect the recruitment process already commenced.