Judgment

Dr. ANAND, J. - Leave granted.

2. The Bihar State Subordinate Services Selection Board (hereinafter referred to as the Board) issued advertisement No.11/85 inviting applications from unemployed Graduates for appointment to the post of Assistants in the Secretariat and other connected offices of the Government of Bihar. It was stated in the advertisement that vacancies up to the year 1985-86 were to be filled up, after holding an examination. The number of vacancies, however, was not notified. The examination was held at different examination centres within the State in November 1987. The result of the examination, however, was published only in July, 1990. Vide a communication dated 25-8-1987 issued by the Joint Secretary in the Department of Personnel and Administrative Reforms to the Secretary of the Board, the break-up of the vacancies in a tabulated form, indicating the total number of vacancies, as then existing, to be 357, was provided. On the recommendation of the Board dated 31-7-1990, 309 candidates out of those who had qualified in the examination were given appointments. Candidates securing more than 50 per cent marks in the general category and whose names were in the select list were empanelled and made to wait in anticipation of the release of further vacancies by the State. Since, the vacancies available up till 31-12-1988 were not disclosed or communicated to the Board despite enquiries, no further appointments could be made. Candidates who had applied for employment in response to the advertisement published in 1985 and were selected and empanelled after being brought on the select list in the order of their merit after the result was declared in 1990, found their expectations and hopes being belied and frustrated. They represented to the State Government for appointment against the vacancies as available on the date of the publication of the result. Their representation was rejected. On 8-8-1991 a letter was issued by the State Government requiring the Board to issue fresh advertisement for appointment of Secretariat Assistants and holding of fresh competitive examination. The aggrieved empanelled selectees, accordingly, approached the High Court of Patna through Civil Writ Petition No.291/91 seeking a direction to appoint them. In the High Court a plea was raised by the writ petitioners that since normal practice and procedure being followed by the State over the years had been that the vacancies available till the date of the publication of the result were filled up by the candidates brought on the merit list, all the empanelled candidates on the select list were entitled to be appointed against the vacancies as existing on the date of the publication of the result in 1990. The plea of the State on the other hand was that though number of vacancies had arisen during the period 1985-90 that fact alone could not clothe the empanelled candidates on the select list with any right to appointment or claim adjustment against the vacancies arising after 1988.

3. The High Court noticed that there had been no fresh advertisement after 1985; that the result of the examination held in 1987 was declared in 1990; that there were existing vacancies and that the empanelled candidates had been waiting in the wings all through for no fault of theirs expecting their appointments. The High Court, therefore, held:

"Considering the peculiar circumstances of the present case, therefore, we quash Annexure 16 dated 8-8-1991 and in order to do justice between the parties and not to leave these young graduates, in lurch, we direct the Board to recommend the names of these petitioners in accordance with their seniority in the merit list for appointment on the posts of Secretariat Assistants in accordance with the existing vacancies as available on the date of publication of their result. i.e. July, 1990."

4. The High Court also directed the filling up of the vacancies up to 1991 from the list of selected candidates who had been em