MANISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and the Bihar Staff Selection Commission (hereinafter referred to as 'the Commission'.) An advertisement was published on 24,8.2006 for inviting applications for appointment on the post of Block Statistical Supervisor/Junior Statistical Supervisor/Instructor. The vacancies were provisionally identified as 224, but liable to increase or decrease. Before any developments for selection could take place, a fresh requisition was sent on 26.4.2010 for a total of 388 vacancies inclusive of the aforesaid 224, a difference of 181. The requisition also sought to vary the educational qualification by insertion of a degree in BCA from a recognized institution as a qualification also.

(2.) The Commission on 4.6.2010 objected to the variation in the essential qualification as being impermissible and advised that the additional 181 vacancies in that event be clubbed with the next graduate level examination. No other objection was raised by the Commission. The department on 4.8.2010 itself through its Joint Director telephonically conferred with the authorities of the Commission and also confirmed in writing that in view of the objection by the Commission, the additional qualification of DCA degree be deleted.

(3.) The written examination was subsequently held on 16.5.2010 for selection in accordance with the conditions of eligibility in the original advertisement. A total of 19,000 candidates are stated to have appeared. In the meantime on 3.5.2010 the Commission wrote to the department that the advertisement originally was for 224 vacancies only and the date for the examination had also been fixed. After coming into force of the Bihar Staff Selection Commission Rules, 2010 (hereinafter referred to as 'the selection Rules') legal difficulties may arise by increase of vacancies beyond the advertisement. What were the legal difficulties was not specified. The vacancies, it was informed, also stood reduced to 207 by reason of certain orders of this Court in M.J.C. No. 2083 of 2009 by virtue of addition of the same to non-joining vacancies of Advertisement No. 1 of 1990.