TRIBHUWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel tor the parties.

(2.) IN both these writ applications, the facts involved are common and therefore, they have been heard together and are being disposed of by this order.

(3.) FROM the pleadings of the parties, it appears that the writ petitioners as well as intervenors had applied for their appointment on the post of Assistant Jailors pursuant to advertisement no. 21/99 and, therefore, preliminary and main examinations were held and the petitioners are claiming to be successful candidates pursuant to which they seek direction upon the respondents to appoint them on the post of Assistant Jailors. It further appears that only 28 posts of Assistant Jailors were advertised and it was stipulated in the advertisement that number of vacancies may be increased or decreased and subsequently, 20 posts of Assistant Jailors were added in the aforesaid advertisement making total number of posts as 48 out of which 14 posts belonged to general category and 14 posts were reserved for sched - uled caste, scheduled tribe and extremely backward class 1. It further appears that the result of the examination was published.by the Commission on 9.6.2002 and before necessary recommendation was made by the Commission to the State Government tor appointment, Bihar Reorganisation Act 2000 came into operation by virtue of which the State of Jharkhand was bifurcated from Bihar with effect from 14th November, 2000 and accordingly, Department of Home (Special) Prison, Government of Bihar sent letter vide memo no. 1699 dated 19.12.2000 to the Commission to send the recommendation after receiving revised requisition only for filling up the vacancies of remaining State of Bihar out of 48 vacancies. However, the Commission being oblivious of letter vide memo no. 1699 dated 19.12.2000 made recommendation to the State Government on 3.7.2002 to fill up 48 vacancies. The Commission, however, realised its mistake and in view of the letter of the Home (Special) Prison Department vide Memo No. 1699 dated 19.12.2000 made a fresh recommendation vide Memo No. 2435 dated 23rd June, 2003 recommending 28 persons for appointment on the post of Assistant Jailors in the State of Bihar.