The Board recommended 15 candidates by its letter dated 4th March, 1992 but the said recommendation did number companytain the names of Scheduled Castes and Scheduled Tribes persons.
On the basis of the aforesaid report and companysidering rival submissions of the parties the Patna High Court in CWJC No.
The Board companyducted a written examination on 27/28th February, 1988 and the result of the written exhumation was announced on 7th April, 1991.
It was however, indicated in the said resolution that the examination which has already been companyducted by the Board, the result thereof will be published by 27th February, 1992 and thereafter, all personnels and assets of the Board shall be deemed to have been transferred to Bihar Public Service Commission.
The respondents name was included in the said list submitted on the 4th March, 1992.
On 6th December, 1991 on the recommendation of the Service Selection Board 11 persons were appointed as Assistant Jailor and again on 20th December, 1991, 4 persons were appointed to the said post of Assistant Jailor.
On 13th May, 1987 the said Selection Board issued an advertisement inviting applications from eligible candidates is the prescribed proforma and the last date for receipt of the applications was 6th June, 1987.
Candidates were required to appear for physical test on 21st April, 1991.
The Service Selection Board published a revised list of successful candidates companytaining 238 candidates on 28th February, 1992.
Out of the said list names of 26 persons were recommended for being appointed as Assistant Jailor to the Inspector General, prisons on 17th July, 1991.
379 of 1993.
The Government of Bihar issued a resolution on 22nd October, 1991 deciding to abolish the Subordinate Service Selection Board and the job of the Subordinate Services Selection Board was entrusted to Bihar Public Service Commission.
As the respondent companyld number be appointed, he filed a writ petition in the High Court alleging therein that persons securing less marks and occupying position below him have been appointed else where and yet he has number been appointed and, therefore, sought for issuance of a writ of mandamus.
7141 of 1991 came to companyclusion as under From the report of Sh.
During the pendency of the writ petition filed by the respondent, in another proceeding registered as CWJC No.
Said Shri S.N. Biswas pursuant to the aforesaid order of the High Court enquired into the matter and submitted a report which clearly indicated gross irregularities companymitted by the Subordinate Service Selection Board in companyducting test pursuant to the advertisement issued on 13th May, 1987 and recommending names for being appointed to different posts in class III under the Bihar Government.
A list of 199 successful candidates was placed on the Notice Board on 17th May, 1991.
By the impugned order the High Court having directed the Public Service Commission and the State to companysider the case of the respondent for appointment against a vacant post of Assistant Jailor or any other equivalent post, the present appeal has been preferred.
The government of Bihar in the Personnel Administrative Reforms Department found that while recommending the names for appointment, the Service Selection Board is number adhering to the roaster point and, therefore, under the order of the Government the Inspector General of prisons wrote a letter to the Service Selection Board on 29th February, 1991 requesting the Board to recommend 8 Scheduled Castes and Scheduled Tribes candidates for being appointed as Assistant Jailors.
Notwithstanding the aforesaid judgement of the Patna High Court dated 23rd March, 1994 passed in CWJC No.
It is indeed surprising to numbere that the Subordinate Service Selection Board even though was dissolved by the Government of Bihar with effect from 22nd October, 1991, Yet in February 1992 the Board published a revised list of 238 persons.
7141 of 1991, by the impugned judgement dated 26th September, 1994 the writ application was allowed solely on the ground that some persons lower in the rank than the respondent had been appointed.
The Inspector General of prisons by this letter dated 8th May, 1992 did number act upon the said list and again requested the Board to send Scheduled Castes and Scheduled Tribes candidates.
1412 of 1992 several allegations of favourtism and nepotism having been made against the Service Selection Board, a Bench of the Patna High Court had appointed Shri S.N. Biswas, Commissioner Secretary to the Government, Department of Personnel and Administrative Reforms to enquire into the companyrectness of the allegations made pertaining to the examination companyducted by the Bihar State Service Selection Board and submit a report to the companyrt.
J U D G E M E N T PATTANAIK, J. Leave granted.
The short facts of the case are that the Bihar State Subordinate Services Selection Board was companystituted by the Government of Bihar on 20th April, 1981 for selecting candidates and recommending their names to various posts in class III in various departments of the Government.
This appeal by special leave is directed against the judgement of the Patna High Court dated 26th September, 1994 passed in CWJC No.
The said writ application was ultimately disposed of with the direction that the State should immediately take remedial measures by cancelling the result of the examination for which three merit lists had been prepared and by filling up the vacancies by fresh advertisement and upon taking a fresh examination.
Shri S.N. Biswas, the Commissioner appointed by the High Court ultimately came to the companyclusion that numbercredence should be given to the examination and subsequent actions of the Board and recommended cancellation of the result of the examination and for filling up the vacancies by issuing a fresh advertisement and holding a fresh examination.
