NAVIN CHANDRA SON OF SHRI RAJESHWAR PRASAD Vs. STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, JOINT

JUDGEMENT

(1.) HEARD learned Counsel for the appellants, learned Counsel for the State and learned Counsel for the Bihar Public Service Commission. This appeal is directed against the judgment and order of the writ court dated 9.4.1999 whereby the writ petitions bearing C.W.J.C. Nos. 12307 and 12109 of 1996 were dismissed on merits.

(2.) THE matter in issue has long and chequered history. Advertisement No. 13/87 was published on 7.8.1987 for holding 2nd Limited Competitive Examination to be conducted by the then Bihar State Subordinate Service Selection (hereinafter referred to as "the Board") for appointment of Secretariat Assistants. The writ petitioners who are the appellants also applied to take that limited competitive examination since appellant Nos. 1 to 20 belonged to Secretariat and attached offices and appellant Nos. 21 to 36 belonged to Muffasil offices and were eligible to apply for the higher post of Secretariat Assistant.

(3.) The result was published on 22.11.1988 and on that basis, 308 candidates in total - 140 from Secretariat and attached offices and 168 from Muffasil offices were declared pass and were appointed to the post of Secretariat Assistants. The aforesaid result was challenged by Krishna Mohan Srivastava and others through C.W.J.C. No. 3252 of 1990 on the ground that marks obtained by candidates in Hindi had to be treated only as qualifying marks but were not to be added in the aggregate marks and, therefore, merit list prepared by the authorities was not accordance with law. The said writ petition was allowed by judgment and order dated 24.3.1992 and the same is available as Annexure -4 in the records of C.W.J.C. No. 12109 of 1996. That judgment directed the then Subordinate Service Selection Board to prepare and publish a fresh panel after excluding the marks obtained by the candidates in Hindi in excess of the qualifying marks. However, appointment of 308 candidates already made was saved and not quashed.