BALRAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal arises from order dated 9.4.2013 allowing CWJC No. 10148 of 2012. The order sets aside the advertisement dated 10.1.2012 published by the Bihar Public Service Commission [hereinafter referred to as "the Commission"] for the main written examination of the 53rd to 55th Combined Competitive Examination only to the extent that it included one hundred posts of the Bihar Accounts Service. The Appellants had appeared at the examination for these one hundred posts. They are also aggrieved by the fact that the order to their prejudice was passed without impleading or hearing. The Commission published an advertisement on 13.1.2011 inviting applications for a preliminary screening test for 14 services mentioned in the advertisement comprising a total of 257 vacancies. The Bihar Accounts Service was not amongst them. The last date for submission of applications was 14.2.2011. The preliminary examination was held on 17.4.2011. After publication of results, fresh advertisement was published on 10.1.2012 inviting applications from the successful candidates to appear at the main written examination. The respondents now added one hundred posts for appointment in the Bihar Accounts Service to the advertisement.

(2.) The learned single Judge held that the selection process having commenced on 13.1.2011 for specified departments and vacancies, the respondents could not have added any new service beyond the 14 departments advertised or increased the vacancies beyond 257. It was further held that Combined Competitive Examinations were being held since earlier under Rule 4 of the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951. The Bihar Accounts Service Rules framed on 28.3.2000 did not form part of the Combined Competitive Examination to be held under the 1951 Rules. The Bihar Accounts Service Rules was amended on 22.2.2011 after publication of the advertisement dated 13.1.2011 for filling of posts through a Combined Competitive Examination and could not be given retrospective effect. The residuary clause in the advertisement that subsequent vacancies reported by different departments could be included had to be restricted to the advertised 14 departments only. The eligibility qualification under the original advertisement for the 14 specified departments and identified 257 vacancies was graduation in any discipline or equivalent from any recognized University and there was no compulsion of a restricted choice of optional papers. For the posts in the Bihar Accounts Service, a graduation degree in Commerce, Economics, Mathematics or Statistics was necessary. The candidates appearing for the Bihar Accounts Service were compulsorily required to have Commerce, Economics, Mathematics or Statistics as a compulsory optional paper.

(3.) I.A. No. 4424 of 2013 has been filed for leave to file the Appeal as the Appellants had not been impleaded as parties to the writ petition and claim to be adversely affected, denied a right of hearing. I.A. No. 4425 of 2013 has been filed to condone the delay of approximately 42 days in the filing of the appeal. The Appellants initially unaware why notification dated 10.4.2013 deleting the one hundred posts of the Bihar Accounts Service was issued filed CWJC No. 9447 of 2013 when they were made aware of the present order. Having heard counsel for the appearing parties, we allow the I.A. applications and proceed to consider the Appeal on merits. In view of the conclusion that we propose to arrive at, it was not considered necessary to issue notice to private respondent No. 6, the writ petitioner.