NARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the notification published in daily newspaper AAZ on 2.6.1999 and 6.6.1999, contained in Annexures 1 and 2 in relation to advertisement no. 126/96 whereby and whereunder the respondent Bihar Public Service Commission (in short Commission) had notified the date and syllabus for written examination, which is being conducted for appointment to the post of Assistant Engineer.

(2.) THERE is no controversy that advertisement no. 128/96 was issued by the Commission for filling up 200 posts of Assistant Engineer (Civil) class II earmarked for the Rural Engineering Organisation (in short REO) of the Government of Bihar. It would further appear that this court while disposing of CWJC No. 2309 of 1989 and analogous cases, which were filed on behalf of the unemployed Civil Engineers' Association and others had already held that these 200 posts belong to REO. The judgment of this Court was ultimately approved by the apex court by the order dated 8.4.1996 in Civil Appeal No. 751617 of 1996 with a direction to the State Government to fill up these vacancies on direct recruitment through the Commission. It was further directed that ad hoc employee who were already working in the department would also apply for recruitment and selection will be made according to the rules. A copy of the said order is Annexure 17.

(3.) IT further appears, later a petition under Article 32 of the Constitution was also filed before the apex Court bearing Civil Petition (C) 16733 of 1996, whereby an attempt was made to reopen the matter with regard to filling up these 200 vacancies of the REO. The apex Court while dismissing the civil petition on 18.4.1996 observed that in case any of the daily wage or ad hoc employee is called for direct recruitment by the Commission, the State Government would consider the necessity of relaxation of the age equal to the extent of the period of service which they had rendered as ad hoc employee in the REO. The State Government thereafter having regard to the direction of the Supreme Court by letter dated 12.7.1996 (Annexure 19) requested the BPSC to advertise these 200 posts for filling up in accordance with the direction by the Supreme Court. It was also clarified since these vacancies were already in existence prior to 31.12.1987, all the necessary formalities of reservation and recruitment procedure and criteria etc. were required to be adopted in accordance with the Government's policy and Rules/criteria etc. available at that time. Ultimately on such a request of the State Government, the Commission advertised the posts in newspaper vide Adv. No. 128/96, a copy of which is Annexure 20.