PAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant has come up questioning the correctness of the impugned judgment dated 30 th of April, 2018 passed in C.W.J.C. No.1276 of 2015 on the ground that the appellant has been pursuing his remedy before this Court since the year 2006 seeking appointment and in spite of the vacancies being available, the appellant was not accommodated. The learned single Judge has committed an error in proceeding to analyse the facts and has arrived at an incorrect conclusion that the appellant cannot be accommodated now as no posts are available.

(3.) Learned counsel submits that the respondents were granted time on 23 rd July, 2018 to file a counter affidavit and in the absence of any response, this fact should be presumed that the vacancies were existing.