MITHILESH KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners herein, challenge the order dated 19.07.2011 passed by the learned Single Judge in CWJC No.7351 of 1996.

(2.) THE facts, in brief, are as under: - The Department of Personnel and Administrative Reforms through its Secretary issued advertisement dated 23.06.1995 proposing to fill 45 posts of Class III in the office of Directorate of N.C.C. in the State of Bihar. The selection process had been carried out by the Directorate of NCC and, in fact, a select list was prepared on 14.03.1996. However, that was cancelled through order dated 14.03.1996 on the ground that the entire selection process is contrary to the policy decision taken by the Government through Resolution dated 02.01.1993. The appellants challenged the action of the respondents in cancelling the select list. During the pendency of the writ petition, another advertisement was issued in the year 1997 and as many as 116 posts were filled. By filing an interlocutory application, the appellants challenged the subsequent proceedings also.

(3.) THE respondents pleaded that on 02.01.1993, the Government passed a resolution to the effect that all the posts of Class III in various offices of the State of Bihar shall be filled through the Bihar Public Service Commission and all other methods of appointment shall stand cancelled; and despite that, the selection of candidates in the instant case was made by the Directorate of NCC.