JAI SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was moved praying for an appropriate writ order in the nature of qua warranto for "ousting respondent No. 6 from the office of the Member of Bihar Public Service Commission" (hereinafter referred to as "the Commission") on the allegation that he has illegally usurped the same and that he is not entitled to continue.

(2.) The petitioner claims to be a practising Advocate of this Court. The respondents in this petition are State of Bihar (respondent No. 1), the Secretary, personnel and Administrative Reforms Department (respondent No. 2), the Joint Secretary, Personnel and Administrative Reforms Department (respondent No. 3), the Commission through its Secretary (respondent No. 4), the Chairman of the Commission (respondent No. 5), Dr. Shiv Jatan Thakur, Associate Professor, English Department, B. N. College, Patna, a Member of the Commission (respondent No. 6) and the Union of India (respondent No. 7).

(3.) We may point out that surprisingly enough Mr. Katriar, learned Advocate, made it clear at the very out set, that he has been instructed to appear for respondent Nos. 4 and 5, i.e. the Commission and its Chairman only, but not on behalf of respondent No. 6 who was admittedly appointed as a Members of the Commission. Accordingly, Dr. Thakur, who is admittedly a blind person, has appeared before us in person to defend himself.