ALOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has approached this court for direction to the respondents to make appointment from the waiting list prepared by the Bihar Public Service Commission to the posts ot Civil Judge (Junior Division) as advertised under the 26th Bihar Judicial Service Competitive Examination, 2005, due to non -joining of the candidates or the vacancies that occurred because some of the candidates left the service after joining.

(2.) ACCORDING to the petitioner, he appeared in the 26th Bihar Judicial Service Competitive Examination, 2005 and after having passed the written examination, he was called for interview, but his name did not appear in the list of select candidates. By referring counter affidavit filed by the respondents in the writ petition filed by Archana Tiwari, the petitioner has stated that 83 seats are still to be filled for Civil Judge (Junior Division). The counsel for the petitioner relied upon the provisions contained in the Bihar Civil Services (Judicial Branch) Recruitment Rules, 1955. He also relied upon a decision of this Court in the case of Ranjit Kumar Singh vs. The State of Bihar & Others, 1997(2) PLJR 960. He also referred to another decision of this court in the case of Secretariat Assistant Successful Examinees Union through its Secretary Shri Umesh Kumar vs. The State of Bihar & Ors., 1998(1) PLJR 905.

(3.) IN our considered view, the writ petition is wholly misconceived and devoid of any substance. As a matter of fact, in the case of Ranjeet Kumar Singh, the Single Judge has referred to a Government resolution (circular dated 17th June, 1977). One of the clauses in the said circular is thus: - "(xiv) Vacancies remaining unfilled due to candidates not joining the post or for any other reason shall be carried forward to the next year."