KAUSHLENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these writ applications common questions of law and facts arise and as such they have been heard together and are being disposed of by this common judgment.

(2.) FOR the purpose of adjudication of all these writ petitions, reference basically has been made to the pleading in C. W.J.C. No. 750 of 1999. The prayer of the petitioners is for issuance of writ in the nature of mandamus commanding the respondents to make appointment to various posts in the light of the advertisement dated 14.9.1989.

(3.) THE respondents -Bihar School Examination Board, hereinafter referred to as "the Board", issued advertisement dated 14th of September, 1989 inviting applications for appointment to various posts, including the posts of Office Assistant, Accounts Assistant, Typist, Daftari and Peon, besides Stenographer and Driver. The daily wages employees challenged the aforesaid advertisement, which led to registration of C.W.J.C. No. 3400 of 1996 (Vinod Thakur & Another V/s. The Chairman, Bihar School Examination Board & Another) and C.W.J.C. No. 8440 of 1989 (Bhawesh Jha and Others V/s. The State of Bihar & Others). They, inter alia, prayed for quashing the advertisement and for their regular appointment. A Division Bench of this Court by order dated 28.9.1989 disposed of the said writ application. This Court declined to quash the advertisement but directed that the Board while making regular Kailash Bihari Thakur Versus Bihar State Food & Civil Supplies Corporation appointment may consider the candidature of daily wage employees. This Court also directed to consider condoning the age bar, if any. The petitioners offered their candidature for various posts, including the posts of Office Assistant, Accounts Assistant and other posts. The posts of Driver and Stenographer have been filled up. A written examination was held on 14th of March, 1993 and when the result of the said examination was not published, they preferred a writ application before this Court. The said application was registered as C.W.J.C. No. 3400 of 1996 (Vinod Thakur & Another V/s. The Chairman, Bihar School Examination Board & Another). This Court by order dated 29.11.1996 directed for publication of the result and while doing so, it observed as follows: ''