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2015 Supreme(SC) 1545

V.GOPALA GOWDA, R.BANUMATHI
Bishwanath Das – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellants :Rudreshwar Singh, Shishir Pinaki and Sanjay Jain, Advocates.
For the Respondent:Gopal Prasad, Advocate.

JUDGMENT :

V. Gopala Gowda, J.

This appeal by special leave is directed against the impugned judgment and order dated 26.7.2006 passed by the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 526 of 2003 (filed against the judgment dated 6.8.2003 of the learned single Judge in C.W.J.C. No. 7859 of 1997), whereby the High Court dismissed the appeal filed by the appellants herein and concurred with the order of the learned single Judge by holding that they were illegally appointed on the posts of Clerk without following the Non-Reportable procedure prescribed in Bihar Nationalised Secondary School (Condition of Service) Rules, 1983 (hereinafter "the Rules, 1983) and in violation of Articles 14 and 16 of the Constitution of India. The brief facts of the case are stated hereunder:

2. A Circular No. 16440 was issued on 3.12.1980 by the Government of Bihar through its Personnel & Administrative Reforms Department, prescribing the procedure for appointment to Class-III post of Clerks in Government offices of the State, except those posts where the appointments were to be made by the Public Service Commission. However, subsequently the provisions of the recruitment Rules, 1983 we

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