(1.) Heard the parties.
(2.) The present writ petition has been filed for commanding the respondents to appoint the petitioner on the post of Assistant Engineer ( Civil) under EBC category on the advertised posts of Advertisement No. 02/2017, remaining vacant due to non-joining of at least 17 finally selection candidates of EBC category, in as much as the petitioner herein belongs to EBC category and he has obtained 434 marks in the final examination (written examination + interview) whereas the cut off marks of EBC category candidates for the said Advertisement was 435 marks only and as per the RTI information supplied by the Bihar Public Service Commission, the petitioner herein has been placed at 9th merit posts (Merit Serial No. 1508) below the last selected candidate under the EBC male Category.
(3.) The learned counsel for the petitioner submits that the Bihar Service Public Commission issued Advertisement No. 02/11 for recruitment on the posts of Assistant Engineer ( Civil) in various Works Department under the State of Bihar, final result of which was published on 27/5/2013 and thereafter no advertisement was issued for recruitment on the posts of Assistant Engineer ( Civil) till 2017. Advertisement No. 02/2017 was issued by the Bihar Public Service Commission (hereinafter referred to as BPSC) by notice dtd. 3/3/2017, for filling up 963 vacant posts of Assistant Engineer (Civil) in various Works Department of the Government of Bihar. Subsequently, vide notice dtd. 9/11/2017 the aforementioned advertisement was re-advertised by the B.P.S.C. and in the re- advertisement, the total number of posts were increased to 1237. The petitioner who belongs to the EBC category duly submitted his application form and participated in all the stages of recruitment process.