MITHLESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN 1998 an advertisement was published which, amongst others, suggested that in the District of Buxar 31 posts of Clerks, 13 posts of Revenue Clerks and 12 posts of Village Extension Workers/ Jansevaks are available for filling up. The said advertisement was published in order to fill up those posts. The advertisement provided that the vacancies as advertised may be altered. On a challenge thrown successfully to the said advertisement, the said advertisement inasmuch as the same invited applications for filling up 12 posts of Jansevaks/Village Extension Workers was struck down. Therefore, the advertisement remained in respect of 31 vacancies in the post of Clerks and 13 vacancies in the post of Revenue Clerks, altogether 44.

(2.) ON 20th June, 2001 a requisition was made on behalf of District of Buxar for 100 posts of Clerks.

(3.) IN the present writ petition, the petitioners, who have been selected and recommended, are seeking appointment. It is their contention that 44 posts as were advertised and 100 posts for which subsequent requisition had been submitted should be filled up. The learned counsel for the petitioner relied upon a judgment of the Hon ble Supreme Court rendered in the case of Suvidya Yadav vs. State of Haryana, reported in (2002)10 SCC 269 for the proposition that when the advertisement provides that the posts would be subject to variation to any extent and a subsequent requisition has been given, the judgment rendered by the High Court that recommendations can only be made in relation to the advertised posts and not beyond is not correct.