NAGENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOUR interlocutory applications for intervention in support of the petitioners in this case have been filed, namely, I.A.No. 4668/03, I.A, No. 4922/03, I.A.No. 5302/03 Page 2398 and I.A.No. 5540/03. The stand of the applicants is similar to that of the petitioners and they are similarly affected by the inaction / refusal of the State Government to appoint them. The prayers for 'intervention' are allowed.

(2.) HEARD Mr. Ganesh Prasad Singh, learned Senior, counsel for the petitioners, Mr. Ram Balak Mahto, Senior Counsel, Mr. Binay Kumar, Advocates appearing for the intervenor petitioners, learned Government Advocate No. 10 for the State and Mr. S.H.H. Quadir, learned Counsel for the Bihar Public Service Commission.

(3.) SUBSEQUENTLY by advertisement No. 1135(A)/96 applications were invited for the Assistants of the Secretariat Limited Competitive Examination, 1996 stating that 25% posts were reserved for ministerial employees of the Secretariat and its attached offices and 25% posts for employees of the muffasil offices. In the said advertisement also reference was made to the Government resolution bearing Memo No. 317 dated 3.9.1992 and it was stated that the seniority and merit shall be given weightage in the ratio of 60:40. The petitioners applied and appeared in the said examination but when the results were not published even after a lapse of two years after the directions of this Court by order dated 17.4.1999 and 18.4.1999, a writ petition being C.W.J.C. No. 12351 of 2001 was f led by some of the candidates, namely, Shri Ramanuj Singh and Ors. v. State of Bihar and Ors. seeking a direction to publish result of the said examination. By order dated 9.10.2001 this Court directed the B.P.S.C. to take necessary steps as noted in the said order and after completing the process, to publish result within two months from the date of receipt of a copy of the order. It may be pointed out that in the said case although the order was passed or 9.10.2001 but no stand was taken on behalf of the Government that the result cannot be published in view of the new policy decision of the government taken and communicated vide Letter No. 8826 dated 20.12.2000. Thereafter the results were published by the B.P.S.C. on 9.1.2002. SUBSEQUENTLY by letter No. 188 dated 1.3.2002 sent by the B.P.S.C. to the Personnel and Administrative Reforms Department Government of Bihar, the names of 202 persons out of 203 for the employees of the Secretariat cadre and 194 posts out of 203 posts for employees of the Muffasil cadre were recommended in order of merit to the government.