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2003 DIGILAW 116 (JHR)

Birbal Sah v. State Of Bihar

2003-01-23

TAPEN SEN

body2003
ORDER Tapen Sen, J. 1. Heard Mr. J.P. Jha, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents. 2. Reference in this case may be made to the order dated 14.11.2002 from which it appears that one of the grievances of the writ petitioner was that on the one hand the Bihar Public Service Commission did not publish his result although he sat for the examination and after creation of the State of Jharkhand advertisement are going on being published for appointment of Assistant Teachers by the Jharkhand Public Service Commission. 3. Pursuant to the aforementioned order, the Bihar Public Service Commission has filed an affidavit on 20.1.2002 wherein at paragraph 4, it has been stated that applications were invited for appointment to the post of Assistant Teachers for Primary Schools in the State of Bihar. However when the results of Preliminary test were under process, the Commission received a letter dated 12.3.1994 from the Department stating that the main examination for Dumka, Deoghar and Sahebganj should not be taken presently. Accordingly the results of the SC and ST Candidates excluding the results of other reserved and un-reserved category were published in respect of Sahebganj District only. They have further stated that the Commission is unable to publish the results of the other reserved and un-reserved candidates unless the Departments request is received. They have further stated at paragraph 5 that for the same reason they are unable to publish the results. 4. According to Mr. A.K. Mehta, learned counsel appearing for the Bihar Public Service Commission, unless the department of Primary examination gives them clearance they are not in a position to publish the results. 5. Considering the aforementioned submissions/statement made in the counter affidavit, this Court disposes off this writ application by directing individual members of the petitioner to once again individually approach the Director, Primary Education, Government of Jharkhand along with a copy of this order making a prayer in writing for his results. Thereafter in the matter relating to appointment, if there are still vacancies in existence as has been stated by the writ petitioner, the same may be considered provided there are still vacancies, no third party rights have come into existence and these persons are eligible on all counts. 6. Thereafter in the matter relating to appointment, if there are still vacancies in existence as has been stated by the writ petitioner, the same may be considered provided there are still vacancies, no third party rights have come into existence and these persons are eligible on all counts. 6. Learned counsel for the petitioner has however pointed out that Annexure-5 appended to the Supplementary Affidavit shows that for Sahibganj there are vacancies of 149 and for Pakur there are 235 vacancies. The respondents will verify this aspect also. 7. Mrs. Ritu Kumar, learned G.P.-IV has submitted that now after creation of Jharkhand, nobody can be appointed unless and until they are qualified and are eligible on all counts within the parameters of the Rules framed by the Government of Jharkhand. This Court therefore hastens to add that upon receipt of such individual applications, the Director, Primary Education shall apply his own discretion strictly in accordance with the new set of Rules referred to by G.P.-IV and if the petitioners do qualify and are found to be eligible within the parameters of the said new Rules, then he will pass necessary orders strictly in accordance with law, provided of course the petitioners are eligible on all counts. 8. Since a long time has already lapsed in the intervening period when the petitioners were at a litigating status, it is expected that the Director, Primary Education shall deal with this matter with all expedition at his disposal and preferably within a period of two months from the date of receipt of such representations. 9. With the aforesaid observations and directions this writ petition is disposed off.