CHHAYA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the writ petitions have been preferred by petitionersfor issuance of writ of mandamus commending/directing the respondents to issue letter of appointment in favour of petitioners against a post of Associate Teacher/Assistant Teacher in Indira Gandhi Residential Girls' High School - -Hazaribagh School for short.

(2.) BOTH the cases of the petitioners are that in pursuance of Advertisement No. 10/99 published on 18.3.1999 by the Bihar Public Service Commission - -B.P.S.C. for short, the petitioners applied for appointment to the post of Associate Teacher/Assistant Teacher in the school, Hazaribagh. It was published for the posts of Sanskrit -one post reserved for Schedule Caste, Mathematics -one post unreserved. English - two posts bothunreserved and Chemistry - one post unreserved. The petitioners applied for the post of' English teacher. In pursuance of interview letter dated 29.2.2000 petitioners appeared before the Selection Committee on 24.3.2000. Several other candidates were also interviewed by the B.P.S.C. The result was published in the newspaper on 16.3.2000 wherein the petitioners were declared successful. Subsequently, the names of successful candidates including the petitioners were recommended by the B.P.S.C. to the State of Bihar in August, 2000. While the matter remained pending for issuance of letter of appointment by the State of Bihar. the new State of Jharkhand was created on 15lh November. 2000 in pursuance of Bihar Re -organisation Act, 2000. The posts and the school having fallen within the territory of the State of Jharkhand. the recommendation made by the B.P.S.C. was not acted upon. According to petitioners, the State of Jharkhand should act on the recommendation of the B.P.S.C. and should issue letter of appointment in favour of recommended candidate including the petitioners.

(3.) MR . Ram Balak Mahto, Senior Counsel was requested to assist the Court as a amicus curias on the question as to whether the State of Jharkhand can act upon the recommendation of B.P.S.C. after Re -organisation of the State, having made prior to 15th November. 2000. Mr. Mahto. learned Senior Counsel placed reliance on Section 77 of the Bihar Re -organisation Act, 2000 and the relevant constitutional provisions to suggest that the State of Jharkhand cannot act on the recommendation of the B.P.S.C. for appointment against the post in question. To determine the issue, it is necessary to discuss the relevant provisions as mentioned hereunder. The provision to constitute a Public Service Commission for Union and each State has been stipulated under Article 315 of the Constitution of India. Under clause 2 of Article 315 one or more State may agree to have one joint Public Service Commission for that group of States subject to a resolution to that effect if passed by the house or where there are two houses, by each of the house of the legislature of each of those State and the Parliament.