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2002 DIGILAW 141 (PAT)

Hridayal Kumar v. State Of Bihar

2002-01-31

NARAYAN ROY

body2002
Judgment 1. Heard learned counsel appearing on behalf of the petitioners, JC to AAG II and Mr. Mukteshwar Pd. Singh, learned counsel appearing on behalf of the Bihar Public Service Commission. 2. By this writ application, precisely a grievance has been made on behalf of the petitioners that since they were applicants for the posts of Assistant Sub-Inspector of Excise, pursuant to advertisement no. 4 of 1988, their case is liable to be considered against the said vacancies even though the posts have again been re-advertised by advertisement no. 31 of 1999. 3. Learned counsel appearing on behalf of the petitioners submitted that some process of appointment has started pursuant to advertisement no. 4 of 1998 and in the meantime, somehow or the other, process of appointment was stalled for reasons known to the authority and respondent Bihar Public Service Commission (hereinafter to be referred to as "Commission") and again posts of Assistant Sub-Inspector of Excise have been advertised. It is further submitted that once the process had started, the petitioners are liable to be considered for those earlier available vacancies. It is further submitted that the petitioners have now become overage and they have been made to suffer substantially for the fault of the Commission. 4. Learned counsel appearing on behalf of the State with reference to the counter affidavit submitted that the requisition sent by the State Government to the Commission to advertise 58 vacancies of Assistant Sub-Inspector of Excise was withdrawn, and, therefore, the Commission had not even taken the examination of the applicants for those posts. 5. Learned counsel appearing on behalf of the Commission in the same tune stated that since the advertisement was withdrawn, this application is not maintainable and the posts have again been advertised, for which process has been started by the Commission. 6. It appears that the examinees of advertisement no. 4 of 1988 approached this Court through Union in Civil Writ Jurisdiction Case No. 7326 of 1998 for issuance of a direction to the respondents to hold competitive examination pursuant to advertisement no. 4 of 1988 and to complete the selection process. 6. It appears that the examinees of advertisement no. 4 of 1988 approached this Court through Union in Civil Writ Jurisdiction Case No. 7326 of 1998 for issuance of a direction to the respondents to hold competitive examination pursuant to advertisement no. 4 of 1988 and to complete the selection process. This Court vide order dated 27.10.1999 disposed of the writ application and considering the fact that the posts of Bill Clerk of the Water Resources Department, Government of Bihar, were already filled up directed the authorities to fill up the posts of Bill Clerk from the list of successful candidates on an earlier date and further directed them to fill up the vacant posts of Assistant Sub- Inspector of Excise taking into consideration the policy of reservation/roster. However, no specific direction was given to the respondents to conduct the examination pursuant to advertisement no. 4 of 1988 for the post of Assistant Sub-Inspector of Excise. 7. At the face of the pleadings of the parties, it appears that pursuant to advertisement no. 4 of 1988 process had not started for filling up the posts of Assistant Sub-Inspector of Excise and even though the matter had come to this Court there was no specific direction to do so and now for filling up the vacancies of Assistant Sub-Inspector of Excise, the posts have again been advertised vide advertisement no. 31 of 1999. 8. In these views of the matter no relief can be granted to the petitioners in this writ application. 9. For the reasons aforesaid, therefore, I do not find any merit in this application. 10. This application is, accordingly, dismissed. 11. However, the petitioners, if so advised, may apply pursuant to advertisement no. 31 of 1999 provided date of submission of application has not expired.