VINOD KUMAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, pursuant to advertisement dated 9.11.93 for the appointment of Assistants in the Secretariat and other concerned offices, had applied for the same and had appeared in the said examination. Due to non -joining of some of the successful candidates of the Secretariat and connected offices, as some posts remained vacant, as such, a direction to the Bihar Public Service Commission and the State Government be given to consider the claim of the petitioner for his appointment on the said posts, as according to the learned counsel the person having the same mark has also been considered and appointed, pursuant to the said examination.

(2.) THOUGH the claim of the petitioner has not been denied in the counter -affidavit filed on behalf of the State but it has been stated that on the basis of the recommendation of the Bihar Public Service Commission, the appointments have already been made. However, some candidates have not joined their respective posts. Further stand of the State as per paragraph -8 of the counter -affidavit, is that 24 candidates did not turn up for their certificate verification, despite several reminders/notices and after publishing the notice in the newspaper. Their recommendation has already been returned to the B.P.S.C. meaning thereby that more than 24 posts still remained vacant.

(3.) THE stand of the B.P.S.C. on the other hand, is that as the recommendation is more than one year old the said panel, in view of the Govt. Circular has already lost its force and no appointment can be made from a stale panel.