SATYENDRA KUMAR, JAWALA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Bihar State Subordinate Service Selection Board published Advertisement. No. 1/1990 on 11th February, 1990 inviting applications for different types of Class III post meant for the graduation standard. The advrtisement indicated that the number of posts in different categories in different Departments sha|| be declared later. On 28th February, 1992, Bihar State Sub-ordinate Service Selection Board was dissolved and its left over works were transferred to Bihar Public Service Commission (hereinafter referred to as 'BPSC')

(2.) It does not appear, at least it has not been brought to our notice by the counsel appearing before us that in this State the State Legislature has made enactments regulating the recruitment and conditions of service of a|| persons appointed to the public services and posts in connection with the affairs of this State. it appears that rules regulating the recruitment and conditions of service of persons appointed to many public services and posts in connection with the affairs of this State have been made by the Governor of this State in exercise of his power under Article 162 of the Constitution of India. Some of these rules regulating the recruitment to such services stipulate that in order to hold a particular post in such services, the incumbent must have, in addition to be a graduate, a particular subject or subects either at the Matriculation level or at the Intermediate have or at the Graduation level. In such view of the matter, while examination is conducted for selecting persons to be recommended for appointments, which may be made in such services also, the selection authority insists upon the candidates to indicate whether they have or have not any such additional qualification. On 16th September, 1992, the Governor of the State, in exercise of power under Article 162 of the Constitution of India took away the requirement of having such additional qualification. By reason of doing away such requirement, the rules regulating recruitment stood altered and the restrictions imposed therein for recruitment stood altered.

(3.) After the responsibility pertaining to selection pursuant to the said advertisement was transferred to BPSC, it held on 28th May, 1995 Preliminary Test of the candidates, who had responded to the said advertisement. The result of the Preliminary Test was published on 10th August, 1995 and the successful candidates were called upon by BPSC to appear to the Main Examination, which was held on 9th December, 1995. While issuing the forms for the Main Examination. BPSC indicated in the part of the form, to the treated as Admit Card, to furnish the particulars of the subjects the candidates had in order to ascertain their competence to be appointed in special posts having requirement of special subjects in terms of the recruitment rules which by that time by the said decision of the Government dated 16th September, 1992 had been withdrawn.