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2006 DIGILAW 688 (PAT)

Nirbhay Kumar v. State of Bihar

2006-08-08

body2006
ORDER 1. In order to fill up 225 posts of Veterinary Officer in the Department of Animal Husbandry, an advertisement was published. That advertisement was responded by 740 applications. 22 of those applications were, on scrutiny, rejected. The remaining applicants were called at interview which was conducted in between 4th April, 2005 and 3rd May, 2005. Thereupon a select list was prepared and the same was brought to the notice of the public by publication on 26th May, 2005. 2. It appears to be the contention of the petitioner that on 26th May, 2005 Bihar Public Service Commission (B.P.S.C.) made recommendations in favour of those selected candidates to the State Government for being appointed. Petitioners are amongst those selected persons, who have thus been recommended for being appointed. Since the petitioners have not been appointed, hence the present writ petition has been filed seeking a direction upon the State Government to appoint the petitioners on the strength of such recommendation made by the B.P.S.C. It appears to be contention of the State Government that on 17th April, 2006 the State Government had been constrained to file a first information report in view of what has come to light in course of preliminary enquiry by the Vigilance Department of the State. The first enquiry report suggests that although according to the procedure prescribed, if the number of candidates is more than 500, it was required to have objective test, but the same was not done and all 718 candidates were called at interview and there is nothing on record to suggest how the merit of these persons had been assessed. It has further been alleged that except three candidates, who have been selected, the remaining candidates, who have found their names in the select list, had been interviewed by the then Chairman of B.P.S.C. 3. In a situation of this nature, it may not be possible for this Court to direct the State Government to appoint the petitioners on condition that if ultimately it is held that the selection is bad, their services may be terminated as was prayed for by the learned counsel for the petitioners. The best course, I think, would be to direct B.P.S.C. to reconduct selection of those 718 candidates within a time specified for the purpose of selecting out of them 225 candidates for being appointed by the State Government. 4. The best course, I think, would be to direct B.P.S.C. to reconduct selection of those 718 candidates within a time specified for the purpose of selecting out of them 225 candidates for being appointed by the State Government. 4. In those circumstances, the State Government is directed to submit a fresh requisition to B.P.S.C. for 225 such Officers within a period of four weeks from today and B.P.S.C. is directed to select 225 such Officers only amongst those candidates whose candidature was accepted by B.P.S.C. in terms of the previous advertisement. 5. It is made clear that B.P.S.C. while selecting those 225 candidates shall act in accordance with law and shall make an endeavour to select the right persons for the posts in question. This disposes of the writ petition.