ANURAG Vs. STATE OF BIHAR

JUDGEMENT

(1.) The short issue, which the present appeal, preferred under Clause 10 of the Letters Patent of this Court, involves is as to how, under a selection process based on a competitive examination for appointment to a public post, vacancies, which remained unfilled, because of non-joining of the candidates, ought to be filled up.

(2.) The present matter relates to a process of selection held by the Bihar Staff Selection Commission (hereinafter referred to as "the Commission") for various posts, including the post of Secretariat Assistant, based on an advertisement issued in the year 2010. Through the said advertisement, applications were invited from eligible candidates for the purpose of making selection, based on "1st Graduate Level Combined Competitive Examination, 2010" and making recommendation for filling up of 3285 vacancies falling under 21 posts having different nomenclature. From the said advertisement, it transpires that recommendation was to be made by the Commission for appointment against various posts on the basis of "Merit cum- Choice". The selection process was in two parts, i.e., Preliminary Test and Mains Examination. The appellants cleared the Preliminary Test and appeared in the Mains Examination. In their online applications for the Mains Examination, they gave the choice of Secretariat Assistant in the Department of General Administration, Government of Bihar, as their first preference and Accountant cum- Cashier (State Level) as their second preference.

(3.) The appellant No. 1 secured 432 marks and appellant No. 2 secured 424 marks and they secured 567th and 960th rank respectively in the list of unreserved category of candidates. It is not in dispute that the last candidate, in the unreserved category, whose name was recommended for the post of Secretariat Assistant, had secured 432 marks and ranked 560.