HARENDRA KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER hearing the petitioners, the intervenors as also the learned Advocate-General for the respondents, both the writ applications are disposed of by this common order, since the question involved is one and similar.

(2.) IN these writ applications under Articles 229 and 227 of the Constitution, the petitioners have prayed for a writ of certiorari for quashing the order of the respondent State in the department of Personnel and Administrative Reforms dated 7-1-1991 contained in Annexure-8, whereby the resolution of the respondent State dated 31-10-1990 contained in Annexure-8 is purported to be given retrospective effect, and which in terms, adversely affect the selection of the petitioners made in September, 1990, A writ of mandamus has been prayed for issuing suitable direction and commanding the respondents to issue appointment letters to the petitioners for appointment in the Subordinate Education Service, for which they were declared successful by the "Bihar Awar Sewa Chayan Parishad" (hereinafter referred to as "Chayan Parishad").

(3.) IT would be relevant to mention that the reservation of seats in different services of the State is in accordance with the resolution of the respondent State in Personnel and Administrative Reforms Department bearing Nos. 756 and 757 dated 10-11-1978. As per the resolution, if candidates of the reserved category came in the merit list in excess of the vacancies reserved for them then they were not to be denied appointment. IT was in this view of the matter that even though there were only 332 vacancies in the reserved category in the aforesaid list, 350 candidates of the reserved category were declared sucessful and recommended for appointment.