RISHIKESH PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The writ Petitioner has obtained 388 marks in the competitive examination for filling up posts of APO (redesigned as APP) pursuant to advertisement No. 2/1996 issued by the Bihar Public Service Commission (hereinafter referred to as 'the Commission'). He has made a claim for appointment on the ground that two candidates from general category, who had obtained 388 marks, were recommended and have been appointed and some vacancies still exist against which Petitioner's name can be recommended for appointment.

(3.) For showing that at least 19 posts were found to be vacant in the year 2001, reliance has been placed upon a judgment and order of this Court in another writ petition bearing CWJC No. 9910 of 2000 (Vijay Kumar & Ors. v. The State of Bihar & Ors.) passed on 26.4.2001 (Annexure-1). In that order the existence of 19 posts has been recorded and a review petition filed by the State seeking modification in that order on account of creation of State of Jharkhand was dismissed on 2.11.2001 (Annexure-2).