RANJIT RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. The five petitioners have preferred this writ petition on 1 st September 2010 seeking a direction to the respondent authorities to appoint them as Assistant Engineer in the Road Construction Department, because their names find place in the recommendation made by the Bihar Public Service Commission (hereinafter described as "B.P.S.C.") in the panel dated 22 nd February 1988 (Annexure-25). The recommendation was made by the B.P.S.C. against Advertisement No. 93 of 1985. The petitioners have also prayed that the authorities be directed to ascertain and confirm the total number of vacancies prior to 31 st December 1987 which have remained unfilled due to nonjoining of the earlier appointees.

(2.) Earlier, as will be clear from Annexure-2, a writ petition preferred by similar candidates who had formed an Association described as Bihar State Un-employed Engineers (recommended by B.P.S.C) Association and others, fell for decision before a Division Bench of this Court and vide judgment contained in Annexure-2 dated 21 st November 1995 this Court directed the authorities to act in accordance with decision of the Bihar Cabinet and fill up all the posts of Assistant Engineers in the Public Works Department available upto 31 st December 1987, with the candidates included in the panel. The Division Bench failed to decide the number of vacancies or posts available till 31 st December 1987 and, therefore, only a general direction was issued in the terms noticed above.

(3.) The matter was taken by the writ petitioners to the Supreme Court in Civil Appeal No. 7516-17 of 1996. The appeals were dismissed with an observation that although the High Court has failed to decide the vacancies, it would be for the Government to make fresh exercise to identify the existing vacancies meant for the general candidates or for the reserved candidates and if the vacancies could be identified, they should be filled up from amongst the candidates from the waiting list. In case the Government failed to find any vacancy then it was required to place a report before the High Court. This order of the Supreme Court dated 8 th April 1996 is contained in Annexure-3.