The absence of a waiting list negates appellants' claims to non-reported posts despite their lower merit scores.

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

17 14-10-2025 Appellants have assailed the order of the learned Single Judge dated 12.07.2022 passed in C.W.J.C. No. 20690 of

2018. Appellants were candidates for recruitment to various posts conducted by means of a Combined Competitive Main Examination conducted in the year 2014. Having regard to the merits of the appellants, they were non-suited for any of the posts. The matter was heard at length and passed the following order on 27.08.2025 and it reads as under :-

“Matter was heard for sometime.

2. Bihar Staff Selection Commission, Patna, filed a chart vide Annexure-R-3/B, highlighting the information relating to four appellants. Appellants-Vinod Kumar Singh and Suraj Kumar have claimed under BC category and they have secured 499 and 487 marks respectively, whereas the cut-off marks is 503 (last candidate) for the post of Co-operative Extension Officer. Appellant-Raushan Kumar under MBC category has secured 483 marks, whereas the last selected candidate has secured 493 marks. Similarly, Appellant-Subodh Paswan under SC category has secured 437 marks and the last selected candidate under SC category has secured 458 marks. It is further submitted that 597 posts of Co-operative Extension Officer were notified. Bihar Staff Selection Commission, Patna, have recommended 596 posts to the Appointing Authority/State Government. State Government has issued order of appointment to only 521. There is no response from the State official respondents as to why they have restricted in filling up of only 521 posts of Co-

operative Extension Officer instead of 596 is not forthcoming. Therefore, the concerned authority is hereby directed to file a personal affidavit along with the relevant records/decision taken by the State Government or the authority restricting filling up of 521 posts of Co- operative Extension Officer instead of 596. This information shall be furnished. That apart, Bihar Staff Selection Commission, Patna, as well as the State official respondents are hereby directed to apprise as to whether there is concept of preparation of wait list/ additional list or not?, this information shall be furnished only with reference to the relevant Rules of Recruitment governing various posts of Category-B in the State Government.

3. Re-list this matter on 10.09.2025.

4. At this stage, learned counsel for the Appellants submitted that the Bihar Staff Selection Commission, Patna, have recommended for various posts like Secretariat Assistant- 332, Child Protection Officer-20, Superintendent (Social Welfare Department)-4, Auditor-129 as against 130 posts, Accountant- cum-Store Keeper-24, House Keeper-cum- Clerk-65. On the other hand, Appointing Authority/State Government have not filled up the aforementioned recommended all the xposts. On the other hand, they have restricted in the following manner, namely:

“i. Secretariat Assistant-316.

ii. Child Protection Officer-16.

iii. Superintendent(Social Welfare Department)-2. iv. Auditor-105.

v. Accountant-cum-Store Keeper-16.

vi. House Keeper-cum-Clerk-30.”

In this regard, the concerned State official respondents are hereby directed to apprise this Court as to why they have not filled up all those vacancies which were recommended by the Bihar Staff Selection Commission, Patna. In this regard, whatever the decisions taken on the administrative side shall be furnished in original on the next date of hearing, failing which adverse order would be passed against such of those custodian of those records (State officials).”

2. Perusal of the material information, the respondent Commission has recommended 596 candidates for selection and appointment to the post of Co-operative Extension Officer for which each of the appellants are eligible and for remaining post, they a