PREM KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition was initially filed on behalf of four persons but one more person was allowed to be added as petitioner no. 5. At the hearing stage arguments have been advanced by Mr. Dharni Dhar Prasad Singh, Advocate only on behalf of petitioners no. 2 and 5. The prayer in this writ petition is for quashing a part of notification dated 21.5.1997 (Annexure -1) issued by the Department of Personnel and Administrative Reforms, Government of Bihar, appointing respondents no. 5 to 12 on the post of Additional District and Sessions Judge and to direct the respondents no. 1 to 4 to appoint the petitioners on the basis of their names in the select list of 66 successful candidates contained in Annexure -3.

(2.) PETITIONERS applied for appointment to the post of Additional District and Sessions Judge in the Bihar Superior Judicial Service pursuant to advertisement published on 16.7.1994 in prominent newspapers which has been annexed as Annexure - 2. After written examination and oral interview, a select list of 66 candidates was prepared, a copy whereof has been annexed as Annexure -3. Out of that altogether 54 persons have been appointed.

(3.) FURTHER case of the petitioners is fhat on careful reading of the advertisement, particularly note (4) appearing after para 11 of the advertisement it would appear that only those candidates were eligible to be considered who were residents of State of Bihar and since respondents no. 5 to 12 had shown themselves to be residents of places outside Bihar hence their selection and appointment was contrary to terms of advertisement and fit to be quashed. According to petitioners, sufficient, vacancies would otherwise also be available for petitioners once the notification in respect of appointment of respondents no. 5 to 12. is quashed.