VIJAY VIKRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsels for the Respondent State and Respondent BPSC.

(2.) The present writ application has been filed by the petitioner for directing the respondent authorities to appoint the petitioner on the post of Rajbhasha Assistant, Grade-III, in view of the recommendation made by the Bihar Public Service Commission, pursuant to Advertisement No. 32/97.

(3.) The factual matrix of the case would unveil that the Bihar Public Service Commission (hereinafter referred to as the Commission) issued a common advertisement in the year 1997 (as contained in Annexure-1), inviting applications from candidates for appointment on different posts, which also included Advertisement No. 32/97 for appointment on 12 posts of Rajbhasha Assistant Grade-III, in the Rajbhasha Department in the scale of Rs.1500.00 to 2750/-. Out of 12 posts, 9 posts were for candidates of general category, while one post was reserved for candidate of scheduled Caste category, one for Scheduled Tribe category and one for extremely backward caste category. The educational qualification was prescribed as B.A. (Hons.) in Hindi or M.A. in Hindi and working knowledge of English. The mode of selection was a written test. In pursuance to such advertisement, the petitioner applied for his candidature and accordingly, the petitioner was issued an Admit Card bearing Roll No. 100174 to appear in the written examination, which was conducted on 21/3/1999. The result was published on 29/1/2000 in which the petitioner's name also figured at Serial No. 9 in the merit list of 12 successful candidates(as contained in Annexure-3) and accordingly, the Commission forwarded the names of the 12 successful candidates to the Rajbhasha Department vide letter dtd. 27/3/2000 (as contained in Annexure-4). Petitioner's name figured at the bottom, i.e. at Serial No. 9, amongst the candidates of general category. In pursuance thereto, the Rajbhasha Department, Bihar issued a letter to the petitioner vide Memo No. 433 dtd. 16/5/2002 to get his documents verified on 28/5/2002 in the office of Director, Rajbhasha Department. As gets reflected from the pleadings, the appointment process got delayed due to bifurcation of the State of Bihar, pursuant to the Bihar Reorganization Act, 2000 coming into force, which resulted into carving out, of the State of Jharkhand out of the State of Bihar. As such the Home (Special) Department had stayed all the appointments until the reorganization, vide letter No. 1427 dtd. 24/9/2000.