LAWS(PAT)-2003-7-53

PRAMOD KUMAR Vs. STATE OF BIHAR

Decided On July 22, 2003
PRAMOD KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE dispute in these two writ petitions relates to the First Bihar Administrative Service Limited Competitive Examination, 2003 in the context of Advt. No. 4/2003 issued by the Bihar Public Service Commission inviting applications from eligible candidates.

(2.) THE sole petitioner in C.W.J.C. No. 5207 of 2003 is Accounts Clerk in the office of the Executive Engineer, Bridge Design Division No.

(3.) UNFORTUNATELY , though the Rules were framed in 1991 and as per rule 12, candidates who fulfilled the eligibility criteria against the vacancies occurring between 1982 and 1991 were permitted to appear at the First Limited Competitive Examination, the First Examination is being held after 12 years in 2003. The injustice flowing from the inaction of the government need hardly be pointed out. It is apparent that there being maximum age limit of 45 years referable to the particular year of examination, candidates who were eligible against the vacancies of, say, 1982. or even later years, must have become age barred; in fact, tney would be on the verge of superannuation. Meaning thereby that they have been deprived of opportunity or chance of appointment to the Bihar Administrative Service etc, by promotion.