SATI RANJAN JAMAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) UPON hearing the learned counsel for the parties and considering the facts and circumstances, we are satisfied that there was sufficient cause for delay of 8 days in preferring this Letters Patent appeal. Hence, the delay is condoned and the delay condonation application is allowed. No order as to costs.

(2.) THIS Letters Patent Appeal under clause 10 of the Letters Patent, is against order dated 2.4.2005 passed by learned Single Judge in CWJC No. 12314 of 2003, whereby the writ petition has been dismissed, mainly on the ground that the petitioner has no legal right to claim appointment and he is indulging only in legal jugglery to plead that somehow the State of Bihar should agree that more vacancies were available for the applicants like the petitioner, who had taken recruitment examination pursuant to advertisement no. 1/1993 for recruitment of Assistants for the Secretariat and attached offices of Bihar. The Writ Court also took notice of the fact that another candidate similarly situated as the petitioner, had preferred CWJC No. 10627 of 2001. and pursuant to direction in that writ petition and decision of the Division Bench in connected LPA No. 109 of 2002, the State Government calculated the vacancy to be 161 for which requisition was sent to the Bihar Public Service Commission, which recommended names of further 153 candidates but no recommendation was made for 8 remaining posts on account of non -availability of any candidate against those posts reserved for scheduled caste category. This exercise of identifying 161 further posts at the instance of similarly situated candidate was undertaken after a list of 483 candidates out of advertisement no. 1/1993, had been published against 591 vacancies notified in the advertisement. Thus, already recommendations have been made for more than 591 advertised vacancies (483 + 153) and no recommendation has been made against 8 posts reserved for scheduled caste category due to non -availability of suitable candidate from that category.

(3.) ON giving anxious consideration to all the relevant facts, circumstances and the absence of any legal right in the petitioner to claim appointment only because he had taken recruitment test pursuant to advertisement no. 1/1993, when he could not find place in the merit list of earlier selected list of 483 candidates as well as 153 candidates prepared pursuant to order in a writ petition, we are of the considered view that the judgment and order of the Writ Court suffers from no illegality warranting interference and this Letters Patent Appeal is without any merit.