BRAJ KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four writ petitions have been heard together since they involve a common question. CWJC No. 7895 of 1988 was admitted for hearing by a Division Bench of this Court by order dated 1.12.1988. By the same order, the Bench directed that the matter be placed for hearing before a Larger Bench since their Lordships doubted the correctness of the decision of this Court in CWJC No. 2387 of 1988 disposed of on 11.8.1988. By order dated 15.12.1988, it was directed that CWJC No. 5585 of 1988 be placed for hearing along with CWJC No. 7895 of 1988. Similarly by order dated 16.12.1988 CWJC No. 5025 of 1988 was also directed to be heard with CWJC No. 7895 of 1988. Lastly by order dated 23.5.1989, it was directed that CWJC No. 4447 of 1989 be heard with CWJC No. 7895 of 1988. This is how all the four writ petitions have been placed for hearing before this bench.

(2.) THOUGH the facts of the case are somewhat different, the common issue involved in all the writ petitions is as to whether it is permissible for a candidate to produce the certificates required to be produced under the advertisement at any time, or whether the Bihar Public Service Commission may be justified in refusing to accept the certificates produce after the date mentioned for production of such certificates in the advertisement inviting applications. The petitioners contended that in view of several orders/decisions of this Court, the requisite certificates may be produced at any time, and the requirement in the advertisement of their production on or before the date specified in the advertisement can only be considered to be directory and not mandatory. On the other hand, it is contended on behalf of the State as well as by the Bihar Public Service Commission that the cut off dates mentioned in the advertisement are meant to be followed, and if the contention of the petitioners were to be accepted by this Court, the process of selection will become an unending process and the Commission will find it difficult to finalise the list of selected candidates who may be recommended for appointment.

(3.) ON 18.6.1986, a corrigendum was issued by the Bihar Public Service Commission advertising 736 more posts of Assistant Engineer. It was stated in the corrigendum that those who had applied pursuant to advertisement dated 19.8.1985 need not apply. Ultimately appointment orders were issued in favour of some of the successful candidates on 16.8.1987 and 20.8.1987, and thereafter in the month of November, 1987.