UPENDRA NARAYAN TIWARY Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS review application was preferred under Article 226 of the Constitution of India by one Upendra Narayan Tiwary and two others for review and recall of the judgment dated 3rd February, 1998 passed in C.W.J.C. No. 1376 of 1997. By th£» aforesaid order and judgment dated 3rd February, 1998, this Court directed the Respondents -State of Bihar and B.P.S.C. to fill up certain Graduate standard posts including the post of Health Educator and Statistical Assistants out of 3rd Graduate Standard examination.

(2.) THE petitioner being not party to the said writ petition, have preferred the present review under Article 226 of the Constitution of India mainly on two grounds, namely that the order and judgment are in conflict with the order and direction passed by this Court in C.W.J.C.No. 1412 of 1992 and was filed by the writ petitioners - opposite parties herein on misrepresentation of facts so far as it relates to the posts of Health Educator and Statistical Assistants of Planning and Development are concerned.

(3.) THERE are number of Graduate Standard Class -Ill posts available in diffrent Departments of the State of Bihar which are being filled up through a common competitive examination commonly known as 'Graduate Standard Examination '. Earlier one 'Bihar State Subordinate Service Selection Board ' (Board for short) was entrusted with the power and duties to conduct such competitive examination and to make recommendation to the State of Bihar for appointment. One Advertisement No.6/85 was issued in the year 1985 by the then Board calling for applications for appointment against different Graduate Standard posts. The Board conducted a common competitive examination in pursuance of Advertisement No.6/85 which was commonly known as 'Second Graduate standard Competitive Examination '. A number of persons came out successful in pursuance of said 'Second Graduate Standard Examination ' including the petitioners of this review application hereinafter called as Second Graduate Standard Examinees). A number of persons have already been appointed in pursuance of the said Second Graduate Standard Examination who are working under the State. Subsequently, in the year 1990, an Advertisement No.1/90 was published by the then Board to fill up Graduate Standard post in different Departments of the State of Bihar. No specific number of posts were notified therein. It was mentioned that possible vacancies likely to occur were to be filled up apart from the existing vacancies in pursuance of the said Advertisement. The Board could not conduct the examination till the end of 1991 when by a Resolution dated 7th October, 1991, the State Govt, dissolved the Board and vested its power and duties to the Bihar Public Service Commission (B.P.S.C. for short). The B.P.S.C. subsequently conducted examination in December, 1995 in pursuance of the said Advertisement No. 1/90 which was known as 3rd Graduate Standard Examination. In the meantime, as results of different examinations already conducted by the then Board, had not been published, and in some cases, part results were published and appointments were made, and the State Govt, took decision to abolish the Board, a writ petition, C.W.J.C. No. 1412 of 1992 was prepared by one 'Bihar State Subordinate Service Selection Board Examinees Confederation and others ', wherein Resolution dated 7th October, 1991 was challenged. In the said case certain directions were passed by a Division Bench of this Court on 30th September, 1992 relating to filling of posts out of results which had already been published by the then Board prior to 22nd October, 1991. In pursuance of the said direction, a number of posts including Graduate Standard Class -Ill posts have already been filled up out of successful candidates who applied in pursuance of different advertisements including Advertisement No. 6/85. However, a contempt petition being M.J.C.NO. 242/93 was preferred by the Examinees Confederation with grievance that the order passed by Division Bench on 30th September, 1992 in C.W.J.C.No. 1412/92, has not been complied in its spirit. It appears that subsequently, a Division Bench of this Court took up the contempt petition aforesaid and passed certain orders on different dates including the orders dated 12th November, 1993 and 14th December, 1993, which I will discuss at appropriate stage.