SHASHI BHUSHAN MISHRA Vs. BIHAR STAFF SELECTION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the parties. In all these writ applications, the petitioners, being the aspirants for selection and appointment on the post of Pharmacist, have assailed the result of 468 candidates, who were declared to be successful by the Bihar Staff Selection Commission (hereinafter to be referred to as "the Commission") in its communique published on 9.5.2012. A consequential prayer has also been made for preparing fresh list of selected candidates after holding fresh interview and giving due weightage to academic qualification specially in the Pharmacy examination in accordance with the past practice as well as the prevalent policy of the State Government.

(2.) These six writ applications, which were also heard together with other batch of writ applications relating to the same selection and appointment on the post of Pharmacist, are however being separately disposed of as in these cases, primarily the issue of anomalies in the process of selection has been raised. Let it be noted that in the other batch of writ applications, the eligibility condition of age or the violation of the Government policy of roaster and reservation were addressed and they have been also separately disposed of.

(3.) The petitioners of these six cases, as noted above, have questioned the process of selection. The facts giving rise to these writ applications being the same and similar, which have been noted by this Court in CWJC No. 706 of 2012 (Jawahar Lal Singh & Anr. v. The State of Bihar & Ors.) need no further repetition save and except that in terms of an order of this Court dated 21.7.1999 in CWJC No. 4302 of 1998, an advertisement was published by the Commission for filling up 1059 post of Pharmacist on 25.1.2000 but, for various reasons, the selection process could not make any headway and a writ application was filed in this Court being CWJC No. 11405 of 2004 wherein a prayer was made for issuance of a direction to the respondents to make appointment and issue appointment letter in terms of the advertisement dated 25.1.2000.