LAWS(PAT)-2011-2-116

ARVIND KUMAR Vs. STATE

Decided On February 25, 2011
ARVIND KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD counsel for the petitioner, the State and the counsel appearing for BPSC. Prayer of the petitioner in this writ application is for a direction for appointment on the post of Sub- Inspector of Excise on the basis of panel prepared pursuant to Advertisement No. 8/87 read with letter of the Excise Department dated 10.4.1992.

(2.) IN pursuance of the Advertisement No. 8/87 petitioner had applied for the post of Sub-Inspector Excise. Through this advertisement post of Assistant Jailor in the Department of Prison, Sub-Inspector in the Department of Excise and Prohibition, Development Officer in the Department of Animal Husbandry and Sankalak in the Planning Department had been advertised. The petitioner had applied in the reserved category of Scheduled Caste. The Bihar State Subordinate Service Selection Board published list of 63 successful candidates on 11.7.1991 in which name of petitioner was not there. The petitioner made enquiries and came to know that candidates having lesser marks than the petitioner have been recommended in the first list of recommended candidates. In support of this contention the petitioner has specifically mentioned that Dharmdeo Prasad having obtained 172 marks, Birendra Mohan Sinha having obtained 172 marks, Birendra Kumar having obtained 171 marks and Jawahar Prasad having obtained 171 marks were recommended by the Bihar State Subordinate Service Selection Board as successful candidates. Petitioner obtaining 174 marks was left and not recommended by the Board. Subsequently Board came out with a revised list on 4.3.1992 in which name of petitioner appeared in the merit list. Despite the fact that his name was recommended, no appointment letter was issued.