RAKESH RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) In the instant L.P.A., the appellant has assailed the order of the learned Single Judge dtd. 10/12/2018 passed in C.W.J.C. No. 9981 of 2016. The appellant in C.W.J.C. No. 9981 of 2016 has prayed for the following reliefs:-

(3.) The Respondent, Bihar Staff Selection Commission issued Advertisement on 6/5/2016 inviting applications from the eligible candidates for the post of Ayurvedic Com-pounder (for 42 posts). The appellant is aggrieved by fixation of qualification of intermediate (Biology) with 50%, such qualifi-cation has not prescribed in the manner known to the law like framing Rules of recruitment under Article-309 of the Constitu-tion or issuing executive order under Article 166 of the Consti-tution. Merely decision taken by the Government, the Govern-ment, Director and Commission proceeded to recruit 42 posts of Ayurvedic Compounder with reference to advertisement dtd. 6/5/2016. Prior to the year 2016, the post of Ayurvedic Com-pounder was governed by the government decision issued in the year 1983 even such 1983 decision is not supported by Rules of recruitment or executive order. In other words, method of re-cruitment to the post of Ayurvedic Compounder has not attained finality in the Department of Health, Government of Bihar from the inception in other words recruitments are being undertaken only with reference to government decision in the absence of Rules of recruitment or executive order.