SUNDAR LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State and perused the counter affidavit, duly affirmed by the Additional Collector, Muzaffarpur.

(2.) PETITIONER had applied for selection on a Class-III post, advertised by the Bihar Public Service Commission in the year 1998. Recommendations dated 16.1.2003 were made recommending 87 candidates for appointment against 106 advertised posts. PETITIONER is one of the recommended candidate under Scheduled Caste Category. He has been refused appointment on the ground that he is resident of Jharkhand State, as is evident from the minutes of the District Establishment Committee dated 28.3.2005, Annexure-B to the counter affidavit and in compliance of those minutes, even a formal order has been communicated to the petitioner under letter No. 515 dated 8.6.2005, Annexure-7 to the Interlocutory Application No. 2568 of 2006. It further appears from the minutes of the District Establishment Committee dated 28.3.2005, Annexure-B to the counter affidavit that 1n his place Raju Kumar, who is admittedly below the petitioner, has been recommended for appointment.