SHIV PRAKASH RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been preferred by way of Public Interest Litigation challenging the decision making process of appointment of respondent nos.5 to 7 and appointment of Sri. Shishir Kumar Sinha (respondent no.5) as the Chairman of the Bihar Public Service Commission (hereinafter referred to as 'the B.P.S.C'). Relying upon a judgment of the Hon'ble Supreme Court in the case of State of Punjab v. Salil Sabhlok reported in 2013 (5) SSC 1 and Techi Tagi Tara v. Rajendra Singh Bhandari reportd in 2018 (1) P.L.J.R SC 130 and two other Judgments of the Hon'ble Supreme Court which we will refer hereinafter the petitioner has prayed for setting aside of Annexures 3 to 5.

(2.) Learned counsel for the petitioner submits that in the matter of appointment of respondent nos.5 to 7 there is no consideration of the relevant facts and prior to the appointment of respondent nos.5 to 7 the Government of Bihar has not issued any advertisement and there is no consideration as to whether any complaint against respondent nos.5 to 7 or there is any judicial proceeding pending against them, as such no transparent procedure has been adopted.

(3.) It is submitted that the Hon'ble Supreme Court in the case of State of Punjab v. Salil Sabhlok (Supra) has observed that while the personal integrity of the candidate cannot be discounted, institutional integrity is primary consideration to be kept in mind while recommending a candidate for appointment to the post of Chairman and Member of the Public Service Commission but the same has not been followed in the appointment of respondent nos.5 to 7. It is further submitted that at no point of time any notice, advertisement and nomination was asked from the eligible candidates by the Government of Bihar for filling up the aforesaid post.