P.S.-JAKKANPUR, PATNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of same order and as such they were heard together and are being disposed of by this common order.

(2.) Writ petitioners -appellants, aggrieved by the common order dated 28th October, 2008 passed by the learned Single Judge in C.W.J.C. No. 13898 of 2008 and C.W.J.C. No. 14798 of 2008, have preferred these appeals under Clause 10 of the Letters Patent.

(3.) SHORT facts, giving rise to the present appeal are; that the writ petitioners -appellants (hereinafter referred to as petitioners) were candidates for appointment as Assistant Public Prosecutor for which the Bihar Public Service Commission made advertisement bearing advertisement no. 2 of 1996. Total number of post advertised was 88 but the advertisement stipulated that the number of vacancies may vary. Thereafter, the Bihar Public Service Commission issued corrigendum and disclosed the number of up -to -date vacancies to be 246. The corrigendum also indicated that other conditions stipulated in the earlier advertisement shall remain the same. In the light of the advertisement, petitioners besides a large number of persons offered their candidature. Petitioners appeared in the written test. The interview of those persons who were successful in the written test, was held in between 16th of June, 1998 to 25th of June, 1998 and ultimately list of 225 successful persons was published on 4th of July, 1998. It seems that some of the candidates who ought to have been called for interview, were not called and ultimately, the interview of three candidates was held on 14th of February, 2004 and one of the candidates who appeared on the said day, selected for appointment.