SANJEET BAKSHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE case relates to appointment in Bihar Administrative Service in the scale of Rs. 6500 -10500/ - in pursuance of 42nd Combined Competitive Examination held by Bihar Public Service Commission (B.P.S.C.). The petitioner, who is eligible for appointment, applied in pursuance of 42nd Combined Competitive Examination as was being conducted by B.P.S.C. and appeared in the written test. He claimed to be a S.T. candidate and was provided with Roll No. 104895. The result of written test was published and was declared successful in the written test and viva -voce test. In the initial result, his name was recommended or the post of Sub -Election Officer which was modified by B.P.S.C. when subsequent result published in the newspaper on 29.4.2000 wherein the Roll number of petitioner was published and recommended for appointment to the Bihar Administrative Service.

(2.) WHEN the matter was taken up by the Personnel and Administrative Reforms Department of the State of Bihar. it by its letter No, 4851 dated 8.6.2000 circulated the names of all successful candidates including the petitioner for appointment in Bihar Administrative Service and asked the concerned District Magistrate/Deputy Commissioner to submit his verification report so that appropriate order of appointment may be issued. Thereafter a notification No. 7714 dated 30.9.2000 was issued whereby 61 persons were given appointment but no order of appointment was issued in favour of petitioner. In the last portion of the said notification dated 30.9.2000, it was mentioned that the verification of petitioner could not be made by the said date and thereby the order of appointment was not issued for the present. Subsequently, no order of appointment having issued, the present writ petition was preferred by petitioner for direction on the respondents to issue order of appointment in view of the recommendation made by the Board and the letter dated 8.6.2000 read with notification dated 30.9.2000.

(3.) COUNSEL for the B.P.S.C. and State of Bihar were allowed time to file counter -affidavit. By last order dated 26.3.2001. while further time was allowed, it was made clear that the Court may dispose of the case by the next date even in absence of counter -affidavit.