ABHAY KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOUR appellants, namely, Abhay Kumar Rai, Shambhu Kumar, Raj Kumar and Rajesh Kumar Bharti have challenged the order dated 18th of September, 1995 passed in C.W.J.C. No. 6576 of 1995 by which the learned Single Judge has dismissed their writ petition.

(2.) THE brief facts of the case are as follows : Four posts of Tracer were vacant in the office of Superintending Engineer, Building Construction and Housing Department, South Bihar Circle, New Punaichak, Patna. Vide letter no. 4086 date 23rd of November, 1994 the petitioners sought for roster clearance, which was given by a letter no. 4080 dated 19th of December, 1994. Resolution was made thereafter by letter no. 952 dated 18th of April, 1995, by which names of eligible candidates were called for from the Employment Exchange, Patna for appointment against the four posts of Tracer; One post was shown to be reserved for Scheduled Caste category and another for Most Backward category persons and two posts were shown to be unreserved. Names of appellants were already enrolled with the employment Exchange and they were eligible for appointment against the post of Tracer. List of eligible persons was forwarded by the Employment Exchange, Patna. By letter no. 832 dated 10th of May, 1995 and letter no. 1216 dated 20th of May, 1995, the names of appellants were also forwarded by the Employment Exchange. All the candidates, including the appellants, whose names were forwarded, they were asked to appear in the interview and test vide different interview letters all dated 8th of May, 1995. They were to appear in such test/interview on 25th of May, 1995. The appellants, along with others appeared in the said test/interview and the Selection Committee considered their names. A select list was prepared by the selection committee recommending the names of the appellants, on the basis of their merit. It was only thereafter four appellants were appointed of the post of Tracers vide different letters bearing nos. 1732 to 1735 all dated 22nd of June, 1995. The appointment was made by the appointing authority.

(3.) THE learned Single Judge has dismissed the writ petition of the appellants on the ground that the Employment Exchange did not notify the vacancy, as was required under Appointment Department 'sletter No. 8167 dated 21st of June, 1976 and thereby hold that the requirement of aforesaid Government instruction was not complied.