JONOON SANGI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the writ petition for direction to the respondents to appoint her on the post of Veterinary Officer on the basis of recommendation of Bihar Public Service Commission (B.P. S.C).

(2.) THE relevant facts of the case are that an advertisement No. 88/98 was published on 21.6.1998 inviting applications for appointment on 81 different posts of Veterinary Services Class II Service. The petitioner applied for appointment. After observing process of selection out of 81 vacancies only 28 candidates were selected for appointment. Selected candidates were called for to produce documents for verification. They appeared and documents were verified. Medical test was also held and the petitioner was found fit for appointment. However, no letter of appointment was issued and as such writ petition has been filed for issue of direction as indicated above.

(3.) LEARNED counsel for the petitioner submitted that there may be justification for recalculating the vacancy after division of the State but there cannot be any justification for sending fresh requisition to the B.P.S.C. as out of 81 vacancies only 28 were recommended by the B.P.S.C. and two third vacancies being earmarked for the State of Bihar and as such 54 vacancies are clearly available in the State of Bihar against which the petitioner can be appointed. On the other hand, learned counsel for the respondents stated that after reorganisation of the State under Bihar Reorganisation Act, 2000 recommendation made by B.P.S.C. became infructuous. Therefore, there is no error in taking decision to make a fresh selection on the basis of fresh requisition after calculating the vacancies.