SANJAY KUMAR VERMA Vs. TATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by one Sanjay Kumar Verma to challenge the constitutional validity of the Bihar Administrative Service (Recruitment) (Amendment) Rules, 2007 (hereinafter referred to as the Rules of 2007). The State of Bihar has, in exercise of power conferred by proviso to Article 309 of the Constitution framed the Rules of 2007 to amend the Bihar Civil Service (Executive Branch) and Bihar Junior Civil Service (Recruitment) Rules, 1951. The Rules of 2007 enables the Bihar Public Service Commission to hold common competitive examination for particular year or for particular years for which examination could not be held in that particular year.

(2.) The Proviso thereto provides for preparation of common merit list pursuant to such common competitive examination. The second Proviso provides for relaxation of upper age limit in cases the candidates who were eligible for competitive examination in a particular year but have since then become over-aged.

(3.) Learned Advocate Mr. Daya Shankar Prasad has appeared for the petitioner. He has submitted that for inexplicable reasons the Bihar Public Service Commission (hereinafter referred to as the Commission) did not hold the competitive examination for several years. The Commission is, therefore, answerable to this Court to explain why in past for several years the competitive examination was not held.