MANORANJAN GHOSE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application on behalf of the petitioner Mandranjan Ghose praying for grant of a writ under Article 226 of the Constitution commending the Opposite parties to permit the petitioner to sit for the Special Lower Division Secretariat Examination, to be held on 7th February, 1957. Cause has been shown in this case by the learned Government Advocate on behalf of the State of Bihar and other opposite parties to whom a notice of the rule was ordered to lie given..

(2.) The rule was issued in this case on 24th January 1957. Thereafter the, petitioner made a prayer that he may be permitted to sit for the examination to be held on 7th February 1957, pending the hearing of the application, but that the result of the examination may not be published or given effect to until the application was disposed of. The prayer was allowed by this Bench and on 4th February, 1957 it was ordered that the petitioner should be permitted to appear at the examination to be held by the Finance Department on 7th February 1957, and that the results would not be published till the disposal of the application.

(3.) The case of the petitioner is that he was appointed on 25th September 1943, as a Class II typist and was confirmed with effect from 18th May 1948, in the office, of the Inspector General of Police, Patna. He was promoted as Class I typist from 1st June 1950. On 19th. May 1956, the petitioner made a representation to the Secretary of the Finance Department through the proper authorities for permission to appear at the Special Lower Division Secretariat Examination.' The case of the petitioner is that no permission was granted to him by the Finance Department, though he was qualified to appear at the examination and though he fulfilled all the conditions required by the Government order dated 9th November 1956. The Government order is to the following effect ;