Nand Lal Kumar Singh v. Bihar Public Service Commission
1995-11-27
B.N.AGRAWAL, INDU PRABHA SINGH
body1995
DigiLaw.ai
Judgment B. N. Agrawal, I. P. Singh, JJ. 1. Heard the parties. This writ application has been filed inter alia for quashing holding of written test of 24th Bihar Judicial service Examination, evaluation of answer books and result of written test. 2. The written test was held in the year 1991 and thereafter unfortunately, because of pendency of certain litigation from High Court to supreme court, the candidates could not be interviewed for the purpose of making selection. Ultimately, in the year 1994, candidates were interviewed and thereafter Bihar Public service Commission recommended names of 195 candidates against 245 vacancies which were notified in the advertisement published in news papers. 3. Both parties agree that 123 vacancies out of 245 would go to general category candidates and the remaining 122 are meant for reserved category candidates. It is further said that so far general category candidates are concerned, the commission has recommended names of 123 persons and so far reserved category candidates are concerned, only 72 candidates were found eligible and accordingly the Commission has recommended names of 72 candidates for being appointed in reserved category. 4. In the meantime, it appears that writ application being No.7619 of 1991 which was pending before this Court challenging validity or otherwise of Bihar Reservation of vacancies in post and service (Scheduled Caste, Scheduled Tribes and other Backward Class) Act, 1991 was disposed of on 6.8.1993 and this court by the aforesaid judgment laid down that the aforesaid Act shall have no application in the matter of appointments which are required to be made in accordance with Bihar civil Service (Judicial Branch) (Recruitment) Rules, 1955. Thereafter, against the said judgment the matter was taken to the Apex Court by the State of Bihar in S. L. P. (Civil)No.16476 of 1993. In the said case the Apex Court by its order dated 13.5.94 directed that process of selection may be completed but order of appointment shall not be issued tilt the disposal of Special Leave application by the Supreme Court. 5. Pursuant to the aforesaid order of the Supreme Court, this court by its order dated 17.5.1994 directed that neither appointment letter shall be issued to 123 selected candidates nor they shall be permitted to join as Munsifs. 6.
5. Pursuant to the aforesaid order of the Supreme Court, this court by its order dated 17.5.1994 directed that neither appointment letter shall be issued to 123 selected candidates nor they shall be permitted to join as Munsifs. 6. Now the interveners, whose names appear within 123 successful candidates in general category, have filed an application before this Court enclosing therewith subsequent order of the Supreme Court passed on 16.11.1995 in S. L. P. (Civil) No.16476 of 1993 which runs as follows : "having heard counsel representing different interests we modify the order dated 13.5.94 whereby it was stated that while the process of selection may go on but actual appointment order should not be issued. If the selection process is over the selectees may be appointed subject to the result of this petition and further subject to the seniority that may be required to be adjusted if reservation is upheld and candidates to fill in the reserved slots are selected at any time hereafter and become entitled to appointments. However, question of fitting up the reserved posts will not arise and they shall remain in abeyance but if after this Court decides the issue on reservation in that instant case and selections are made even thereafter and appointments are made, they will be entitled to their respective seniorities at the slots available as on the date of appointment of general Category candidates (sic) are disposed of accordingly. " 7. From the aforesaid order of the Supreme Court, it becomes plain that a direction has been given by the Apex Court not to fill up the posts of reserved category and the question of filling up of the same shall abide result of the aforesaid special Leave Application. It further directed that the remaining 50 per cent vacancies which are earmarked for general category candidates must be filled up meaning thereby that 123 vacancies must be filled up immediately. 8. In view of the aforesaid order of the Supreme Court, we modify the interim order of this Court dated 17.5.1994 to this extent that the same shall apply only in relation to the vacancies which have been earmarked for reserve category candidates. It is needless to say that this order shall be subject to the results of this writ application. 9.
It is needless to say that this order shall be subject to the results of this writ application. 9. From the aforesaid facts, it is apparent that already much delay has been caused in the appointment for which the judicial work is suffering and because of non-filling of the vacancies many suits have remained pending. Therefore, we are of the view that the aforesaid 123 vacancies must be filled up with utmost expedition so that litigant public may not further suffer on account of long pendency of their cases. 10. We asked. Mr. Ganga Prasad rai, learned Additional Advocate-General No.3, who represents the state to call the Personnel Secretary and Principal Private Secretary to the chief Minister and discuss the matter within them so that notification for filling up 123 posts of Munsifs in general category, as recommended by the Bihar Public Service Commission, be issued. He assured us that he will discuss the matter with them and see that notification is issued within a day or two after obtaining necessary Government orders. 11. Put up this case tomorrow under the same heading, as prayed for on behalf of the State. 12. Let copy of this order be made over to learned A. A. G.-3. Directed accordingly.