STATE OF BIHAR Vs. ARUN KUMAR

JUDGEMENT

(1.) THE delay in filing these three appeals is condoned.

(2.) IN this group of three Letters Patent Appeals by evocation of Clause 10 of the Letters Patent, the appellant State of Bihar has questioned the common judgment dated 17.8.2004 rendered in two writ petitions (C.W.J.C. Nos. 3220/04 and 2236/ 04) [reported in 2004(4) PLJR 136] and the judgment dated 29.9.2004 rendered in C.W.J.C. No. 809/04, whereby the claim propounded for consideration and appointment by the empanelled writ petitioners in the list for the post of Block Welfare Officer came to be approved by allowing ail the three writ petitions.

(3.) THE following aspects are no longer in controversy. One that pursuant to the advertisement no. 306/99, the Bihar Public Service Commission (hereinafter referred to as the &aposCommission&apos) upon request of the Government after undergoing the exercise prescribed prepared a panel of select list of 113 persons for the post of Block Welfare Officers, who were declared successful and recommended by the Commission to the Government. The original writ petitioners were included in the list of 113, whose names came to be approved and recommended by the Commission. Upon bifurcation of the erstwhile undivided State of Bihar by virtue of Bihar Reorganization Act, 2000, the State Government pursuant to the provision and scheme decided to appoint 2/3rd (75%) of the selectees from the said list, which rendered remaining 1/3rd (38), whose names though recommended, but could not be appointed and the original petitioners are one of those 38 persons falling in the 1/3rd quota.