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1998 Supreme(Pat) 224

AFTAB ALAM
Secretariat Assistant Successful Examinees Union through its Secretary Shri Umesh Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Anand Kumar Ojha.
For the State : Mr. Yugal Kishore.
For the Commission : M/s. T.K. Jha, Ashok Kumar Choudhary, Anil Kumar Tiwary.

Order

Petitioner seeks a direction to the Bihar Public Service Commission (hereinafter referred to as 'the Commission') commanding it to recommend the names of successful candidates on the basis of advertisement no. 11/85 for appointment to the posts of Secretariat Assistant against the remaining vacancies which were in existence on December 31, 1998. According to the petitioner the Commission's refusal to do so despite repeated requests by the State Government is both illegal and plainly in contravention of the direction given by the Supreme Court on this matter.

2. The facts are all admitted and can be stated thus. On August 25, 1985 advertisement no.11/85 was issued by the Bihar State Subordinate Services Selection Board, which was in existence at that time, for appointment to the posts of Secretariat Assistant in the Secretariat and connected offices. Though the advertisement stated that vacancies upto the year 1985-86 would be filled up, it did not disclose the exact number of vacancies available for appointments. For the selection of the candidates an examination was held in November, 1987 and about three years later the result of the examination was published in July, 1990. T






























































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