STATE OF BIHAR Vs. SHARDENDU BHUSHAN

JUDGEMENT

(1.) Feeling aggrieved by the common judgment and order dated 15th October 2004 made by the learned single Judge in CWJC Nos.9609 of 2003 and 10796 of 2003, the respondent- State of Bihar has preferred these Appeals under Clause 10 of the Letters Patent.

(2.) Letters Patent Appeal No.867 of 2005 came up for hearing before the Division Bench. The Bench has, in view of the conflicting judgments in the matter of Anil Kumar Mishra Vs. The State of Bihar & Ors., 2004 3 PLJR 246 and in the matter of The State of Bihar & Ors. Vs. Arun Kumar,2005 4 PLJR 246, under order dated 30th January 2006 referred the Appeal to the larger Bench. Under order dated 25th October 2010 made by the Division Bench, the above Letters Patent Appeal No.905 of 2005 has been ordered to be heard with the Letters Patent Appeal No.867 of 2005.

(3.) The matter at dispute relates to appointment of the Assistant Engineers (Civil) under the Road Construction Department of the State Government pursuant to a selection process commenced in 1999. Pursuant to the requisition made by the State of Bihar, the Bihar Public Service Commission (hereinafter referred to as "the Commission") issued advertisement calling for applications from the eligible candidates to fill up 129 vacant posts of Assistant Engineer in the Road Construction Department of the State of Bihar. Pursuant to the said selection process, the respondents-writ petitioners and many others applied for such selection and appointment. The selection process of conducting a preliminary examination, mains examination and the interview stretched over three years. A select list of 127 candidates was prepared by the Commission and was forwarded to the State Government on 6th January 2003.