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Ramesh Kumar vs State Of Bihar And Ors. on 10 January, 2002

Jharkhand High Court
Ramesh Kumar vs State Of Bihar And Ors. on 10 January, 2002
Author: M Eqbal
Bench: M Eqbal


ORDER

M.Y. Eqbal, J.

1. In this writ application the petitioner seeks issuance of an appropriate writ directing the respondents particularly respondent No. 2 to issue appointment letter in favour of the petitioner for the post of Assistant Professor (Computer Science) for which the name of the petitioner has been recommended by the Bihar Public Service Commission (shortly the Commission).

2. Pursuant to the advertisement issued by the Commission in 1997 for appointment on the aforesaid post, the petitioner applied and he was interviewed on 26.5.1999 by the Commission. The petitioner was accordingly selected for appointment and his name was recommended to the department of Science & Technology, Govt. of Bihar. The said department then issued letter to the Director-in-Chief, Health Services, Bihar, Patna to get the petitioner medically examined by the Medical Board. The petitioner was examined by the Medical Board on 22.7.2000 and the Civil Surgeon-cum-Medical Officer vide letter, dt. 1.8.2000 submitted the medical report to the Director, Science & Technology, Patna. On 9.6.2000 the Director and the Joint Director verified all the certificates

and documents of the petitioner but the appointment letter could not be issued. It is stated that the department of Science & Technology requested the Commission vide letter dated 4.9.2000 for extension of the period in connection with issuance of appointment letter. Thereafter, inspite of repeated requests and reminders made by the petitioner, respondent No. 2 has not issued appointment letter till date.

3. The Commission, in its counter affidavit, has fully supported the case of the petitioner and stated that the recommendation has already been sent to the department of Science & Technology, Govt. of Bihar and it is for the Secretary, Science and Technology, Govt. of Bihar to issue appointment letter. No counter affidavit has been filed on behalf of the State of Bihar.

4. The State of Jharkhand who was subsequently impleaded as a party-respondent, filed its counter affidavit wherein it is stated that the Commission re-validated the recommendation for next one year vide letter dated 6.1.2001 as new Jharkhand State was created and the appointment of the petitioner was to be made for B.I.T. Sindri. Hence the department of Science and Technology, Govt. of Bihar sent letter dt. 22.2.2001 to the Govt. of Jharkhand to start the process of appointment. However, the Personal & Administrative Reforms, Deptt. took the stand that in view of re-organisation of the State of Jharkhand and the instructions laid down in the letter dt. 22.2.2001 issued by the Govt. of India, the recommendation on the Commission is not binding on the newly created State of Jharkhand and hence the appointment letter could not be issued.

5. There is no dispute that the petitioner’s name was finally recommended by the Commission for his appointment to the post of Assistant Professor. The Commission sent letter on 7.8.1999 before creation of the State of Jharkhand. The Secretary, Science and Technology, Govt. of Bihar, Patna requested the Commission for extension of the period of recommendation to enable it to appoint the petitioner. In my opinion, merely because of creation of the State of Jharkhand, the Government of Bihar or the Government of Jharkhand cannot be exonerated from their liability of appointing the petitioner on the post for which he was selected and his name was recommended by the Commission. In a similar circumstance this Court, in CWJC No. 582/2001, directed the State of Bihar to issue formal letter of appointment in favour of the petitioner of the said writ application and on his appointment the petitioner would be entitled to exercise his option for his transfer in the State of Jharkhand.

6. For the aforesaid reasons, this writ application is allowed and the respondents, particularly respondent No. 2, is directed to issue appointment letter appointing the petitioner in the post of Assistant Professor (Computer Science) within a period of 30 days from the date of receipt of a copy of this order. On his appointment the petitioner shall be entitled to exercise his option for transfer in the State of Jharkhand and the Secretary, Personal & Administrative Reforms, Govt. of Bihar shall pass appropriate order in accordance with law.

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