LAWS(PAT)-2004-10-11

SHARDENDU BHUSHAN Vs. STATE OF BIHAR

Decided On October 15, 2004
SHARDENDU BHUSHAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) In both the writ petitions, similar questions are involved hence they were heard together and are being disposed of by this common order.

(2.) The prayer in both the writ petitions is to issue direction to the respondents to appoint the petitioners on the post of Assistant Engineer (Civil) in Road Construction Department, Government of Bihar, Patna on the basis of the recommendation of the Bihar Public Commission dated 6th of January, 2003 as per the requisition made by letter dated 30.1.1999.

(3.) The case of the petitioner is that pursuant to the requisition dated 30.1.1999 of the Road Construction Department, Government of Bihar, Patna, the Bihar Public Service Commission published advertisement No. 25/99 in daily newspaper 'Aaj' inviting applications from the eligible candidates for appointment of 129 Assistant Engineers (Civil) under the Road Construction Department, Government of Bihar. Pursuant to the said advertisement the eligible candidates submitted their applications. A preliminary examination was held on 3rd of September, 2000 and the result of the same was published in daily newspaper (Prabhat Khabar). The successful candidates in the preliminary test were allowed to appear in the Mains examination held in the month of October, 2001. The result of the mains examination was published and interview letters were issued to the successful candidates of mains examination. They appeared for interview on the date fixed. On 17.11.2002 the final result was published in the daily newspaper (Dainik Jagaran). The BPSC vide letter No. 1023 dated 6.1.2003 sent recommendation of 127, candidates in order of merit from all categories to respondent No. 5, the Deputy Secretary, Road Construction Department, Government of Bihar for appointment on the post of Assistant Engineer (Civil) out of 129 vacancies as requisitioned. Though the recommendation was made by the BPSC the appointment was not made and as such the petitioners have moved this Court for issue of direction to the respondents for their appointment on the requisitioned post of Assistant Engineer (Civil).