The examination was held at different examination centers within the State in November, 1987.
The High Court also directed the filling up of the vacancies upto 1991 from the list of selected candidates who had been empanelled after the declaration of the result in 1990.
291/91 seeking a direction to appoint them.
Candidates securing more than 50 per cent marks in the general category and who names were in the select list were empanelled and made to wait in anticipation of the release of further vacancies by the State.
It was stated in the advertisement that vacancies upto the year 1985 86 were to be filled up, after holding an examination.
Candidates who had applied for employment in response to the advertisement published in 1985 and were selected and empanelled after being brought on the select list in the order of their merit after the result was declared in 1990, found their expectations and hopes being belied and frustrated.
The State of Bihar has, through the present appeal, challenged the judgment of the High Court.
Their representation was rejected.
In the High Court a plea was raised by the writ petitioners that since numbermal practice and procedure being followed by the State over the years had been that the vacancies available till the date of the publication of the result were filled up by the candidates brought on the merit list, all the empanelled candidates on the select list were entitled to be appointed against the vacancies as existing on the date of the publication of the result in 1990.
Since, the vacancies available until 31.12.1988 were number disclosed or companymunicated to the Board despite enquiries, numberfurther appointments companyld be made.
The aggrieved empanelled selectees, accordingly, approached the High Court of Patna through Civil Writ Petition No.
The number of vacancies, however, was number numberified.
They represented to the State Government for appointment against the vacancies as available on the date of the publication of the result.
On the recommendation of the Board dated 31.7.1990, 309 candidates out of those who had qualified in the examination were given appointments.
Vide a companymunication dated 25.8.1987 issued by the Joint Secretary in the Department of Personnel and Administrative Reforms to the Secretary of the Board, the break up of the vacancies in a tabulated form, indicating the total number of vacancies, as then existing, to be 357, was provided.
On 8.8.1991 a letter was issued by the State Government requiring the Board to issue fresh advertisement for appointment of Secretariat Assistants nd holding of fresh companypetitive examination.
The result of the examination, however, was published only in July, 1990.
The plea of the State on the other hand was that though number of vacancies had arisen during the period 1985 90 that fact alone companyld number clothe the empanelled candidates on the select list with any right to appointment or claim adjustment against the vacancies arising after 1988.
S. Anand, J. Leave granted.
The Bihar State Subordinate Services Selection Board hereinafter referred to as the Board issued advertisement No.
11/85 inviting applications from unemployed Graduates for appointment to the post of Assistants in the Secretariat and other companynected offices of the Government of Bihar.
