RAMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner seeks issuance of an appropriate writ directing the respondents particularly respondent No. 2 to issue appointment letter in favour of the petitioner for the post of Assistant Professor (Computer Science) for which the name of the petitioner has been recommended by the Bihar Public Service Commission (shortly the Commission).

(2.) PURSUANT to the advertisement issued by the Commission in 1997 for appointment on the aforesaid post, the petitioner applied and he was interviewed on 26.5.1999 by the Commission. The petitioner was accordingly selected for appointment and his name was recommended to the department of Science and Technology, Govt. of Bihar. The said department then issued letter to the Director -in -Chief, Health Services, Bihar, Patna to get the petitioner medically examined by the Medical Board. The petitioner was examined by the Medical Board on 22.7.2000 and the Civil Surgeon -cum -Medical Officer vide letter, dt. 1.8.2000 submitted the medical report to the Director, Science and Technology, Patna. On 9.6.2000 the Director and the Joint Director verified all the certificates and documents of the petitioner but the appointment letter could not be issued. It is stated that the department of Science and Technology requested the Commission vide letter dated 4.9.2000 for extension of the period in connection with issuance of appointment letter. Thereafter, inspite of repeated requests and reminders made by the petitioner, respondent No. 2 has not issued appointment letter till date.

(3.) THE State of Jharkhand who was subsequently impleaded as a party - respondent, filed its counter affidavit wherein it is stated that the Commission re -validated the recommendation for next one year vide letter dated 6.1.2001 as new Jharkhand State was created and the appointment of the petitioner was to be made for B.I.T. Sindri. Hence the department of Science and Technology, Govt. of Bihar sent letter dt. 22.2.2001 to the Govt. of Jharkhand to start the process of appointment. However, the Personal and Administrative Reforms, Deptt. took the stand that in view of re -organisation of the State of Jharkhand and the instructions laid down in the letter dt. 22.2.2001 issued by the Govt. of India, the recommendation on the Commission is not binding on the newly created State of Jharkhand and hence the appointment letter could not be issued.