VIKASH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and for the Bihar Staff Selection Commission. The petitioner was an applicant under Advertisement No. 704 of 2004 for the post of Sub-Inspector of Police. An order of this Court in C.W.J.C. No. 9155 of 2008 and analogous cases dated 25.11.2008 led to the redrawing up of the merit list. The petitioner contends that in this fresh merit list one Md. Ghulam Shahbaj Alam belonging to the general category like the petitioner secured 232.67 marks. He has been given appointment. The petitioner who has 233.27 marks has been denied appointment.

(2.) The Commission earlier in its counter affidavit took a stand that the aforesaid person had not been selected and denied appointment. The petitioner in his rejoinder acknowledged the same. Today the petitioner has filed a supplementary affidavit bringing on record the L.P.A. No. 553 of 2011 filed by the Commission against the aforesaid Md. Ghulam Shahbaj Alam. A Division Bench after considering the case of the parties has observed as follows:--

(3.) The limited submission now is that it stands beyond controversy that the petitioner has more marks than Md. Shahbaj Alam. If the respondents have agreed to consider his case the petitioner certainly has a better claim.