SUBODH PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 04.02.2015, whereby the writ application seeking quashing of the Memo No. 603 dated 27th April, 1993 terminating the services of the appellant from the post of Field Supervisor in the Department of Soil Conservation remained unsuccessful.

(2.) An advertisement was issued by the Bihar State Sub-ordinate Service Selection Board on 01.01.1988 inviting applications from the eligible candidates for the post of Field Supervisor. The writ petitioner was one of the successful candidates in the result initially published. However, a writ petition being C.W.J.C No. 7932 of 1991 (Satish Kumar & Ors versus The State of Bihar & Ors) was filed challenging the preparation of the merit list prepared after granting benefit of marks obtained in the subject of Hindi. The said writ application was allowed by a Division Bench of this Court on 24th February, 1992. It was held that the Board has erred in law in taking into account the marks obtained in General Hindi, beyond 30 marks for the purpose of preparing merit list. The Board was directed to prepare a fresh merit list in terms of the directions issued. In the revised merit list, the name of the appellant did not appear in the meritorious candidates eligible to be appointed as he has obtained 182 marks. As a consequence thereof, the service of the appellant was terminated.

(3.) Similar action was challenged by some other candidates in a judgment reported as (Law Lal and Ors versus State of Bihar and Ors, 1995 BBCJ 561). The writ application was dismissed but with observation that if there is any vacancy in other Departments, the State of Bihar shall take a decision in this regard as early as possible for filling up the existing vacancies strictly in accordance with the second select list.