BIMAL HEMBRAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) There are twelve petitioners who have jointly approached the High Court, seeking a mandamus upon the respondent authorities to include the names of these petitioners in the merit panel for appointment on a Class IV post since they belong to Scheduled Tribes category.

(2.) According to the learned counsel representing the petitioners, there are vacancies in existence for Scheduled Castes and Scheduled Tribes. Some of these vacancies are carried over but appointments are not being made, thereby right is being denied of these petitioners for such appointment. So the writ application.

(3.) It is not a case of non -consideration. In terms of advertisement, contained in Annexure -1, petitioners did apply. Their claim for such consideration was examined but they have not been appointed. The reason evident from the pleadings is that they lack experience. Therefore, it is a case of consideration and rejection and not a case of non -consideration. This aspect is significant because petitioners do not have right for appointment as such.