SATI RANJAN JAMAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the writ petitioner who is among the left over/wait list candidates prepared pursuant to the recommendation of the Bihar Public Service Commission arising out of advertisement no. 1/93 for a direction to the Respondent to appoint him as an Assistant in the Secretariat or its attached offices.

(2.) FOR appreciation of the case of the petitioner, detailed fact has been brought on record and argued by learned counsel for the petitioner starting from advertisement no. 11/85 which was issued by the Bihar Public Service Commission for appointment as assistant. Written test was held and merit list prepared. Out of which 357 candidates were appointed.

(3.) C .W.J.C. No. 2192 of 1991 was filed by such similarly situated candidates for a direction to the respondents to release all the vacancies and fill up the same from the successful candidates in order of merit, The aforesaid writ application was heard by a Division Bench of this court and by its order dated 11.10.1991 a direction was issued to the State of Bihar that it should identify the vacancies which occurred till July, 1990 and fill up the same from the left over empanelled candidates, pursuant to advertisement no. 11/85. The State preferred S.L.P. against the said order of this court being numbered as S.L.P. (Civil) No. 7423 of 1990. The Supreme Court modified the order of the writ court, directing the respondents to advertise the vacancies within four weeks which occurred between 1.1.1989 to 31.12.1993. So far the left over candidates of advertisement no. 11/85 was concerned, the court directed that vacancies occurring till 31.12.1988 will be filled up from the said select list.