HARENDRA PRASAD SAHU Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The Letters Patent Appeal has been filed against the judgment and order dated 3-10-1996 passed in C.W. J.C. No. 7603/94 whereby the appointment of the appellant made in 1989 was held to be illegal and the Bihar Public Service Commission was directed to recommend the name of respondent No. 9 and of one Md. Salauddin and to appoint one of them in the Irrigation Department, Government of Bihar.

(2.) The Bihar State Subordinate Service Selection Board, hereinafter to be referred to as "the Board", published an advertisement No. 5/85 in the 'Arya Varta' on 26-6-1985 for graduate level limited competitive examination inviting applications from candidates belonging to Scheduled Castes, Scheduled Tribes and most backward class for appointment on different posts including the post of Junior Statistical Assistant in the pay scale of Rs. 785-1210/-. Respondent No. 9 pursuant to the advertisement filed an application for appointment.

(3.) On 12-7-1985 the Board published an advertisement No. 6/85 for second graduate level non-Gazetted competitive examination inviting applications from candidates of all categories i.e., general and reserved for appointment on different posts including the post of Statistical Assistant. The appellant filed application for his appointment. In the advertisement code number of reservation was also mentioned. 04 was for most backward class and 05 was for backward class. The appellant claimed that he belonged to most backward class i.e., 04 category. The appellant and otheis appeared in the examination and a merit list, Annexure-7 to the appeal, was prepared for appointment to the post of Statistical Assistant. The merit list was sent to the Water Resources Department for appointment to the post of Statistical Assistants. The Water Resources Department vide letter No. 7-9-1989 asked the appellant to appear alongwith certificates and other documents on 15-9-1989. The appellant appeared on the date fixed and produced the relevant documents including caste certificate granted by the Sub-Divisional Officer and after verification he was appointed on the post of Statistical Assistant in Water Resources Department vide letter dated 20-10-1989, Annexure-8 to the appeal. He jointed the post of Statistical Assistant.