MUKESH KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) An advertisement was issued to fill up the post of Jail Pharmacist by the Bihar Staff Selection Commission. The number of posts advertised was 43. While the process was on, some more requisition was received from the Department by the Staff Selection Commission showing some more vacancies. They wanted all the vacancies to be included in the process of appointment. The total vacancies stood at 90. The Staff Selection Commission returned such a request and requisition on the ground that after the advertisement and the notification of the vacancies indicated therein, additional vacancies cannot be included. Any inclusion will be doing violence to the settled principles of law. Settled even by the Hon 'ble Supreme Court time and again. Since these petitioners did not have the merit position and could not enter the select list within the vacancies of 43, they decided to file the writ application for a mandamus that those vacancies should be filled up even now.

(2.) The State as well as the Staff Selection Commission has filed counter affidavit. They vehemently oppose the writ application by placing reliance on a similar matter, which had travelled to the High Court earlier where the exercise was done and additional vacancies for the post of Block Statistical Supervisor/Junior Statistical Supervisor/Investigator were sought to be included after the vacancies were advertised.

(3.) Keeping in mind the vacancy position, a learned Single Judge passed an order to include those vacancies while carrying out the exercise for appointment. An appeal was moved by the Bihar Staff Selection Commission against the order of the learned Single Judge dated 19th Sept., The appeal was allowed by the Division Bench which is reported in 2012 (4) PLJR 305. The Court is tempted to reproduce the ratio of the decision rendered in the case of Bihar Staff Selection Commission Vs. Manish Kumar (supra) as under :