SHAMBHU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has preferred this writ petition for consideration of his case for appointment to the post of Bihar Administrative Service (B.A.S.) or Bihar Education Service (B.E.S.) and to appoint him w.e.f. 30th May, 1996 i.e. the date from which he had been appointed to the post of Probation Officer in the Home (Prison) Department.

(2.) The brief fact of the case shows that the petitioner applied for appointment in the year 1994 in pursuance of 39th Combined Competitive Examination, for appointment to Gazetted Class II posts of different services, as also isolated posts. He was declared successful in preliminary test and also came out successful in main examination, held in 1995, as Scheduled Tribes candidate. Thereafter, interview held in May ' 95 when the petitioner opted for appointment in the service like Bihar Police Service ; Bihar Administrative Service; Bihar Education Service; Bihar Excise Service; Sub -Registrar, etc. The final result was published by Bihar Public Service Commission (B.P.S.C.) on 4th June, 1995. Altogether 12 candidates were declared successful/selected from amongst Scheduled Tribes (S.T.) Category., including the petitioner. The list of 12 successful S.T. candidates included three persons of Lohar Community, who were placed above the petitioner in the merit list. However, the petitioner had not knowledge relating to Caste (Lohar) of above three candidates, who were shown above the petitioner,

(3.) On 4th January, 1996, one S.T. candidate was recommended and appointed as Jail Superintendent ; another as Excise Inspector and third in the Bihar Education Service. The three candidates of Lohar Community, whose names were shown above the petitioner as S.T. candidates were also appointed in Bihar Administrative Service (B.A.S.) on 4th January, 1996. The petitioner, on the basis of his position in the merit list was offered appointment on 3rd May, -1996 a Probation Officer, in Home. (Jail) Department.