The examination was held at different examination centres within the State in November 1987.
291 of 1991 seeking a direction to appoint them.
Candidates securing more than 50 per cent marks in the general category and whose 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.
The number of vacancies, however, was number numberified.
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.
The Judgment of the Court was delivered by DR A.S. ANAND, J. Leave granted.
Since, the vacancies available uptill December 31, 1988 were number disclosed or companymunicated to the Board despite enquiries, numberfurther appointments companyld be made.
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 belled and frustrated.
Their representation was rejected.
The aggrieved empanelled selectees, accordingly, approached the High Court of Patna through Civil Writ Petition No.
On the recommendation of the Board dated July 31, 1990, 309 candidates out of those who had qualified in the examination were given appointments.
They represented to the State Government for appointment against the vacancies as available on the date of the publication of the result.
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.
On August 8, 1991 a letter was issued by tile State Government requiring the Board to issue fresh advertisement for appointment of, Secretariat Assistants and holding of fresh companypetitive examination.
Vide a companymunication dated August 25, 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.
The result of the examination, however, was published only in July 1990.
The Bihar State Subordinate Services Selection Board hereinafter referred to as the Board issued advertisement No.
11 of 1985 inviting applications from unemployed Graduates for appointment to the post of Assistants in the Secretariat and other companynected offices of the Government of Bihar.
