The State's decision not to fill vacancies must be bona fide and for appropriate reasons, and the State is bound to respect the comparative merit of candidates as reflected in the recruitment test.

Narayan Roy, J.

1. Heard Counsel for the parties.

2. By this writ application, the petitioners have prayed for issuance of a direction upon the respondents to consider their case for appointment to the post of Teachers (Home Science) in different secondary schools of the State of Bihar for which they have been selected by respondent No. 4, Vidyalaya Seva Board (hereinafter referred to as "the Board") in the recruitment test conducted pursuant to Advertisement No. 2/91 dated 1-1-1991.

3. It is submitted by learned Counsel for the petitioners that the petitioners were selected for appointment to the post of Teachers (Home Science) in different nationalised secondary schools by the Board and their names were shown in the panel as successful candidates. It is further submitted that respondent No. 4 recommended the case of the petitioners and other successful candidates for appointment to the post of Teachers (Home Science) but somehow or the other, the matter is being delayed by the appointing authority with oblique purpose to accommodate teachers of primary schools and clerks of secondary schools against existing vacancies of Teachers (Home Science). It is also submitted by learned Counsel for the petitioners that Advertisement No. 2/91 was issued for filling up the posts of Teachers (Home Science) in different secondary schools of the State of Bihar by direct recruits and when the petitioners and other successful candidates were selected by respondent No. 4, Board, and their case was recommended for appointment, in no way this opportunity could have been denied to the petitioners and others. Learned Counsel for the petitioners further submitted that when the matter of appointment was being delayed, some of the successful candidates approached this Court by filing writ applications being CW.J.C. Nos. 11393 and 12016 of 1998. this Court vide order dated 13-1-2000 passed in CW.J.C. No. 11393 of 1998 directed the Board for issuance of formal orders of appointment in favour of the successful candidates whose names were within the zone of consideration and who were parties to these writ applications and even though no appointment letters were issued. this Court again by order dated 25-1-2000 directed for personal appearance of respondent No. 3. respondent No. 3, however, appeared before this Court on 27-1-2000 and gave an undertaking to this Court that formal order of appointment in respect of others will be issued within a fortnight. However, the undertaking given by respondent No. 3 has not been carried out and therefore, this writ application has been filed. Relevant orders passed by this Court have been brought on record and marked Annexures 3, 4, 5, 6, 7 and 8. Learned Counsel lastly submitted that in any view of the matter, the petitioners, who are in the select list and within the zone of appointment, are entitled for appointment to the post of Teachers (Home Science) and this opportunity could not have been denied to them by the authorities despite several directions issued by this Court, as referred to above.

4. A counter affidavit has been filed on behalf of the Director, Secondary Education, Government of Bihar, Patna (respondent No. 3). In the counter affidavit, precisely, it is stated that out of 231 sanctioned strength of Teachers (Home Science), 162 posts are meant for the direct recruitment and according to Reservation Rules, 1993 against 162 posts available for direct recruitment, roster clearance of 160 posts has already been made earlier. It is further stated in the counter affidavit that according to the reports submitted by the Field Officers, 102 vacancies are there in the subject of Home Science out of which 69 vacancies are reserved for the teachers of the Primary and Middle schools and the clerks of the nationalised secondary schools and rest 33 vacancies are meant for direct recruits whereas backlogs of different reserved categories are 36 and from this, five have been declared general as per economic