600 of 1983 before the High Court, another list companytaining names of 20 candidates was submitted.
Then a further list companytaining names of 18 candidates was submitted by the Commission.
After a petition for companytempt was filed in M.J.C. No.
Thereafter on July 27, 1981 he appeared at the viva voce test held by the Commission.
Pursuant to an advertisement issued by the Commission in the month of October, 1979 calling for applications from eligible candidates to fill up the posts of Munsiffs in the Bihar Judicial Service, the appellant filed his application before the Commission within time.
He appeared at the Competitive Judicial Examination held in the month of December, 1979, the Roll No.
Aggrieved by the number inclusion of his name in the list of successful candidates he filed the above said Writ Petition in the High Court of Patna under Article 226 of the Constitution which ultimately came to be dismissed as mentioned above.
At the first instance, the Government had decided to appoint 83 candidates as Munsiffs.
Later on, it was decided to appoint in all 139 candidates as Munsiffs.
Later on by its order dated May 3, 1983, 14 more candidates who belonged to the Most Backward Classes were appointed.
38 had secured 413 marks while the appellant had SECURED 416 marks.
The appellant obtained in all 416 marks including the marks obtained at the viva voce test.
From the Judgment and Order dated 16.4.1985 of Patna High Court in C.W.J.C. No.
This appeal by special leave is filed against the judgment of the High Court.
36 and 37 had secured 415 marks in the aggregate and the candidate shown against Serial No.
The facts of the case are briefly these.
These 14 appointments were challenged by some of the candidates in two Writ Petitions filed before the High Court, i.e., C.W.J.C. 1868/l983 and W.J.C. 2209/1983.
After the list of successful candidates was submitted by the Commission, the Government appointed on September 16, 1982, 83 candidates as Munsiffs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This is an appeal by special leave filed against the judgment of the High Court of Patna in Civil Writ Jurisdiction Case No.
Jaya Narain and U.S. Prasad for the Respondent.
4011 of 1985.
Petitioner in person.
He, however, did number receive any order of appointment although a candidate who had secured in the aggregate lower marks than what he had secured had been appointed as Munsiff.
1449 of 1984 dated April 16, 1985 by which the High Court declined to grant the prayer of the appellant for the inclusion of his name in the list of successful candidates at the 19th Competitive Judicial Service Examination held in December 1979 by the Bihar Public Service Commission hereinafter referred to as the Commission .
allotted to him being 388.
1449 of 1984.
By number doing so the Commission had violated the Rules and also Articles 14 and 16 of the Constitution.
In the companysolidated list of these 38 candidates the Commission did number include the name of the appellant even though it had included at serial Nos.
36, 37 and 38 the names of candidates who had secured lower marks than what the appellant had obtained.
