MUKUL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioners have prayed for quashing the advertisement No. 5 of 2005 published in daily newspaper Hindustan on 6.9.2005 inviting applications for appointment on the post of Deputy Collector to be filled up by internal candidates who are working in class III post in the State of Jharkhand.

(2.) PETITIONERS case is that the Bihar State Service Commission, in the year 2003, issued an advertisement No. 4 of 2003 for recruitment/appointment of internal candidates against the post of Deputy Collector and in the said advertisement, posts were mentioned batch wise and criteria was also laid down on the respective dates for which vacancies had accrued. After creation of State of Jharkhand, the respondents have advertised, for the first time, by advertisement No. 5 of 2005 in which batch wise vacancies has not been mentioned, rather, total post has been shown as fifty and the date of eligibility stands fixed as on 1.8.2005. Contention of the petitioners, therefore, is that the said advertisement No. 5 of 2005 is contrary to the Administrative Service (Appointment by limited Competitive Examination) Rules, 1991.

(3.) THE undisputed facts are that the State of Jharkhand came into existence in November, 2000 and the cadre of the Deputy Collector has been finally allocated at the end of 2003. The Bihar Administrative Service (Appointment by Limited Competitive Examination) Rules, 1991 (the said rule of 1991) does not contain any provision to the effect that limited examination will be conducted every year. According to the rule in a year includes the vacancies which have not been filled up in the previous year. It is the specific case of the respondents that after creation of the State of Jharkhand examination of first batch is going to be held for the vacancies including the previous year also which have not been filled up. Rule 5 (Ka) (ii) has also been amended by the Jharkhand Government by notification No. 6196 dated 29.11.2004 by which five years continuous service has been fixed as one of the criterias for appearing in the examination.