CHANDAN KUMAR, S/O BABUNAND PRASAD, R/O VILLAGE-CHITBIRAW Vs. STATE OF BIHAR THROUGH PRINCIPAL HOME SECRETARY, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned Advocate General for respondent nos. 3 and 4. and learned AAG -IV for the respondent Nos. 1 and 2.

(2.) THESE two petitioners are before this Court challenging the action of the respondents -State to fill up the posts of Sub -Inspector in Bihar Police beyond the number of advertised posts which is Annexure -2 to the writ application. Contention of learned counsel for the petitioners is that they are eligible graduates having hope in their heart and determination to enter the service of Bihar Police in future provided the vacancies remain for their recruitment. By expanding the number of vacancies to be filled up beyond the advertisement, the State authorities are killing their future prospect of recruitment and break in the service. He submits that the law is quite settled on this issue that generally appointments are to be made and the posts filled up in consonance with the advertisement and no recruitment can be made beyond the advertised posts. If there is deviation made by the respondents, they have right to challenge the said action before the Court. They want an order of restraint upon the respondents to fill up the posts beyond the number of advertisement.

(3.) IN a normal course of things such a challenge could have been considered by this Court and the validity of such exercise scrutinized on the legal side. But in the given case keeping in mind the past litigations with regard to filling up the posts of Sub -Inspector the Court is not inclined to entertain such a request. Many a litigations have been filed challenging the recruitment process including the examination held for recruitment of Sub -Inspectors in the State of Bihar and these posts have not been filled up for years together. After much exercise and a decision rendered in the case of Jai Shanker Prasad V/s. The State of Bihar along with other analogous cases reported in 2008 (4) PLJR 825 a final list of selected candidates has been prepared and they have been asked to join by 11th February, 2009 as has been pointed out to this Court by learned Advocate General appearing for the respondents.