PRABHU BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks a direction for his appointment to a suitable post on the basis of his position in the selection test held by the Bihar Public Service Commission ( 'the Commission ' hereinafter) for that purpose.

(2.) THE facts are brief and without any controversy and can be stated thus. The Commission issued an advertisement for Graduate Level (Special) Competitive Examination, 1994. The advertisement which was confined to candidates from scheduled castes/scheduled tribes and extremely backward class was for appointments on 22 different posts in different Government departments. Graduation was the basic qualification required for all the posts but some posts under the advertisement, having regard to their nature of work, required the candidate to be a graduate with certain specified combination of subject or to have passed certain subjects at certain levels. For example, for the post of Inspector, Weights and Measures in the Agriculture Directorate, the eligibility criteria was B.Sc. (Agriculture or Engineering) B.Sc. with Mathematics or Statistics and for the post of Junior Statistical Assistant/Block Statistical Supervisor, the criteria included mathematics atleast at the matric level. The selection of candidates was to be made on the basis of a competitive examination in which general Hindi and general knowledge were compulsory papers in addition to which a candidate was required to offer some optional papers making his choice from the list of subjects given in the advertisement. The advertisement required the candidates to make application in the prescribed form 'Ka'.

(3.) IN the competitive examination the petitioner secured an aggregate of 130 marks on the basis of which in the result published by the Commission (Annexure 4) his name was shown among the list of candidates selected for appointment to the posts of Block Statistical Officer (SC). The list of candidates for appointment to the post of Block Statistical Officer (SC) consisted of 24 names in which the name of the petitioner figured at serial no. 13.