JUDGMENT :

Vikram Nath, J.

Leave Granted

2. The appeals under consideration challenges the validity of the judgment dated 20 December 2022 (Corrected on 22 February 2023) passed by the Patna High Court in L.P.A. No's 412 and 109 of 2021 arising out of C.W.J.C. No. 7051/2020, whereby the Division Bench of the High Court dismissed both the appeals and refused to interfere with the judgment and order dated 15.10.2020 passed by the Single Judge.

3. The issue pertains to the selection and appointment to the post of City Manager under the Urban Development and Housing Department, Govt.of Bihar. The said post is governed by the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014[Rules, 2014], which were framed under Article 309 of the Constitution of India.

4. For the present case, it is relevant to reproduce Rule 5 and Rule 11 of Rules 2014, which reads as follows:

"Rule 5 - Process of Recruitment, appointment and procedure of Recruitment:- (1) Appointment to the basic category of these posts in this cadre, will be by direct Recruitment (written examination) on the recommendation of the Commission. Total 100 marks will be determined for direct Recruitment.

Out of total 100