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1993 Supreme(Pat) 270

G.C.BHARUKA
Brahm Deo Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.J. Mukhopadhyay.
For the Intervenor Petitioners: M/s Rajendra Prasad Singh and Sandeep Kumar.
For the State : Mr. Ramanand Yadav.

JUDGMENT

G.C. Bharuka, J.

There are 8 petitioners in this writ application. Their prayer is for issuance of a writ of mandamus directing the respondents that till all the 242 persons empanelled for filling up of the posts of Stenographers (Personal Assistants) pursuant to 1982 Competitive Test Examination held in this regard are absorbed, no appointment on the said posts should be made through any other source.

2. According to the petitioners they alongwith others had appeared at the aforesaid Competitive Examination and were selected as is apparent from the list of successful candidates published in the Bihar gazette dated 26.10.1983. Out of the 242 successful candidates, 121 have already been appointed at different intervals. The grievance of the petitioners is that though sufficient vacancies exist on the posts for which they had been selected but they are being arbitrarily denied their right of being appointed to such posts. The petitioners complain that Government has arbitrarily sought to fill up the vacant posts by upgrading the posts of Steno-Typist to Personal Assistants by practising mala fide.

3. I do no propose to enter into the allegation of malafides or validity of up-gra














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