BRAHMA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for direction on the Respondents to regularise his service as clerk to which post he is functioning since 1991.

(2.) ACCORDING to the petitioner, he was enrolled with the Employment Exchange and names were called for by the Collector from the said Exchange. When the names of eligible candidates including petitioner were forwarded, after due selection, petitioner and some others were appointed as clerk, vide Memo No.307 dated 13th May '91.

(3.) THE counsel for the Respondents submitted that the Collector has now no power to make appointment against Class -Ill post, the power having delegated to the B.P.S.C. However, the aforesaid submission cannot be accepted in view of the fact that the B.P.S.C. was merely delegated with the power of selection, vide Resolution issued in December '95 and not the power of appointment.