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2004 DIGILAW 680 (PAT)

Birendra Lal Srivastava v. State Of Bihar

2004-07-13

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard counsel for the parties. 2. This pertains to appointment of the petitioner on the post of Van Chalak. 3. It is submitted by learned counsel for the petitioners that pursuant to advertisement No. 32 of 1997, the petitioners since were eligible, had applied for the post and the petitioners and other eligible persons were subject to certain tests and a selection list was prepared and certain names were recommended to the State Government for appointment on the post of Van Chalak and on the basis of the recommendation petitioner Nos. 1 to 9 and 11 now have been appointed on the respective posts. But so far petitioner Nos. 10 and 12 are concerned, they have not been appointed. It is further submitted by learned counsel for the petitioners that initially all these petitioners and others were recommended by the Bihar Public Service Commission (hereinafter to be referred to as Commission), but owing to lesser number of vacancies and keeping in view the roster clearance etc. the matter was sent to the Commission for fresh recommendation and as per the fresh recommendation, petitioner Nos. 10 and 12 have come to know tht they have not been recommended. 4. In the counter affidavit filed on behalf of the State, it is stated that the persons already recommended by the Commission including petitioner Nos. 1 to 9 and 11 have already been appointed. Since majority of the petitioners have already been appointed during the pendency of this application, in my opinion, no useful purpose will be served by deciding the claims of petitioner Nos. 10 and 12, Petitioner Nos. 10 and 12, in this view of the matter, may represent their claims before the appropriate authority and in case, certain vacancies are available their cases will be considered by the authorities concerned in accordance with law and necessary direction shall be issued in this regard preferably within a period of three months from the date of filing of their representation. 5. With the direction/observation aforesaid, this application is disposed of.