SUNIL KR.SINHA Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) THIS is a batch of 13 writ petitions under Article 226 of the Constitution of India, questioning the validity of the selection process of the Bihar Administrative Service First Limited Competitive Examination 2003 (hereinafter referred to as 'the Selection Process '), conducted by the Bihar Public Service Commission (hereinafter referred to as 'BPSC ').

(2.) All the writ petitions (except Cr.WJC No. 583 of 2007 and CWJC No. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want the selection process from the post -advertisement stage and fresh examination to be held, and still others want the selection process to be upheld and preparation of fresh merit list in accordance with law after excluding the charge -sheeted candidates. Cr.WJC No. 583 of 2007 has been preferred by the successful candidates and pray for the direction that the investigation may be concluded expeditiously. CWJC No. 16093 of 2007 has been preferred by some of the successful candidates and pray that they may be appointed after eliminating the charge -sheeted candidates. The representative facts shall be taken from CWJC No. 7725 of 2005 (Sunil Kumar Sinha V/s. State of Bihar and Ors.), except where facts by specific reference is derived from any other writ petition. In exercise of the powers conferred by Article 309 of the Constitution of India, the Bihar Government framed the Bihar Administrative Service (Appointment by Limited Competitive Examination) Rules 1991 (hereinafter referred to as the Rules) (Annexure A, at page 79), published in the Bihar Gazette, dated Patna 19 January 1994, Part II. In substance it provides that upto maximum of 25% of Class II posts filled up by the direct competitive examination held by BPSC, shall be selected from amongst the existing class III employees of the State Government on the basis of a limited competitive examination to be conducted by BPSC. In view of Rule 12, eligible persons shall be entitled to appear at the examination and will be considered against the vacancies from 1982 to 1991. The period 1982 to 1991 has been substituted by the period 1982 to 1998 by Government Notification dt. 27.6.2000 (Annexure D) , issued in the name of the Governor of Bihar, published in the Bihar Gazette Extra -ordinary Issue, Patna, dated 8.9.2000. In other words, the Rules provide for promotion opportunities to the serving class III employees of the State Government to the gazetted ranks of the Bihar Government with detailed terms and conditions of vacancies, eligibility, mode and manner of selection process to be conducted by BPSC, etc.

(3.) THE State Government sent its requisition to BPSC to conduct the limited examination as per the Rules. BPSC accordingly issued the advertisement (Annexure 1), which was published in the local dailies on 21.5.2003. Altogether 4364 applications were received, 1754 applications were rejected, and the remaining 2610 candidates appeared at the limited examination held on 19.10.2003. The results were published in the local dailies on 20.5.2005 (Annexure 1 to CWJC No. 7505 of 2005), publishing the results of 184 successful candidates. It was followed by a corrigendum published in the local dailies on 24.5.2005 (Annexure 4 of CWJC No. 8573 of 2005). The State Government had received the letter of recommendation dt. 24.5.2005 of BPSC on 29.5.2005. It was a list of recommendation of 184 Class III employees prepared in order of merit, for appointment to Class II service.