CHANDRAKANT LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by ten persons with a prayer for issuing direction upon the respondent-State to appoint them on the post of Secretariat Assistants on the basis of merit list prepared on 24th March, 1992 pursuant to the judgment of this Court delivered in C.W.J.C. No. 3352 of 1990. The petitioners have also prayed for another direction upon the respondent Nos. 3 and 4, namely, the Bihar Public Service Commission (hereinafter referred to as the said Commission) and its Chairman for recommending the names of the petitioners for such appointment in the light of the directions contained in the Division Bench judgment of this Court delivered in C.W.J.C. No. 3352 of 1990 and in C.W.J.C. No. 6688 of 1996 along with M.J.C. No. 3035 of 1995 and M.J.C. No. 163 of 1996.

(2.) It is not in dispute that the petitioner Nos. 1 to 6 are the Ministerial staff of Mofassil area and petitioner Nos. 7 to 10 are Ministerial staff of Secretariat and its attached offices in the State of Bihar.

(3.) According to the Government policy 50% of the posts of Secretariat Assistants were reserved for the employee of the State Government. Such posts were required to be filled up on the basis of the limited competitive examination of the Ministerial staff. In connection with such examination an advertisement being Advertisement No. 13/97 was published for filling up the vacant posts of Secretariat Assistants for the Ministerial staff. The petitioners appeared pursuant to the said examination which was held in the year 1988. In terms of the rule of the advertisement the marks obtained in Hindi paper of the candidates were not to be taken into consideration for the purpose of preparing the merit list, inasmuch as the stipulation was only to secure qualifying marks in Hindi. But the Bihar Subordinate Service Selection Board (hereinafter called as the said Board) wrongly prepared the said merit list and calculated the marks obtained in Hindi and the first result of the said examination was published on 22.11.1988 by taking into consideration the marks obtained by the candidates in Hindi. Thereafter, second result was published of the said examination on 3rd May, 1989 and modified result was also published on 7th May, 1990.