IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1371 of 2010 In Civil Writ Jurisdiction Case No. 1812 of 2007 ====================================================== 1. Gopal Krishna S/O Shri Veevekanand Roy R/O Narkatia, P.S.Thana Bihpur, Distt-Bhagalpur ….Petitioner .... Appellant/s Versus 1. The State Of Bihar Through The Secretary, Department Of Personnel & Administrative Reforms Govt. Of Bihar, New Secretariat, Patna 2. Joint Secretary, Personnel & Administrative Reforms Department Govt. Of Bihar, New Secretariat, Patna 3. Bihar Public Service Commission Through Its Chairman Bailey Road, Patna 4. Secretary, Bihar Public Service Commission Bailey Road, Patna 5. Officer On Special Duty , Bihar Public Service Commission Bailey Road, Patna …. Respondents … Respondents 6. Anil Kumar Singh S/O Shri Chaneshwar Prasad Singh R/O Vill Rampur Ramhar, P.S.Jandaha, Distt-Vaishali 7. Raj Kumar Sah S/O Late Satya Narayan Sah R/O Phulwaria, P.S.Korha, Distt-Katihar 8. Bipin Kumar S/O Shri Tej Narayan Yadav R/O Vill Divra, P.S.Barhara Kothi, Distt-Purnea 9. Dinesh Kumar S/O Shri Deo Prayag Sao R/O Vill Moh Bakarganj, P.S.Kadam Kuan, Distt-Patna 10. Niraj Kumar S/O Shri Ram Chandra Prasad R/O Edgah Road, P.S.Jamalpur, Distt-Munger 11. Anil Kumar Singh S/O Shri Bachoo Prasad Singh R/O Budhauli, P.S.Pakribarawan, Distt-Nawadah 12. Om Prakash Pal S/O Shri Lal Bihari Pal R/O Kudra , P.S.Kudra, Distt- Kaimur 13. Rupesh Kumar S/O Shri Rajendra Prasad R/O Vill Khairan, P.S. Balarampur, Distt-Katihar 14. Sujit Kumar Singh S/O Shri Ajay Kumar Singh R/O Birpur, P.S.Birpur, Distt-Supaul 15. Dinesh Prasad S/O Shri Anantu Prasad R/O Station Road, P.S.Fatuha, Distt-Patna 16. Dhirendra Kumar S/O Shri Rajeshwar Prasad Singh R/O Vill Bhuwan Chpra, P.S.Chakia, Distt-East Champaran 17. Pankaj Kumar S/O Shri Ishwar Das R/O Vill Mirdaha Chak, P.S.Bakhtiyarpur, Distt-Patna 18. Shailendra Kumar S/O Shri Shrikant Singh R/O Vill Chipura, P.S. Gaurichak, Distt-Patna 19. Arjun Lal Barnwal S/O Shri Rameshwar Lal Barnwal R/O Makatpur, P.S.Giridih Sadar, Distt-Giridih(Jharkhand) 20. Rakesh Kumar S/O Shri Ram Babu Gupta R/O Lake Road, Nrora, P.S.Hazaribagh, Distt-Hazribagh(Jharkhand) ….Petitioners .... Respondent/s Patna High Court LPA No.1371 of 2010 (13) dt.23-11-2011 2 ====================================================== with Letters Patent Appeal No.1298 of 2010 IN Civil Writ Jurisdiction Case No. 1812 of 2007 ====================================================== 1. Anil Kumar Singh S/O Shri Chandeshwar Prasad Singh R/O Vill.- Rampur Ramhar, P.S. Jandaha, Distt.- Vaishali 2. Raj Kumar Sah S/O Late Satya Narayan Sah R/O Phulwaria, P.S. Korha, Distt.- Katihar 3. Niraj Kumar S/O Shri Ram Chandra Prasad R/O Edgaah Road, P.S.- Jamalpur, Distt.- Munger 4. Dhirendra Kumar Singh S/O Shri Rajehswar Prasad Singh R/O Vill.- Bhuwan Chapra, P.S. Chakia, Distt.- East Champaran 5. Arjun Lal Barnawal S/O Shri Ramehswar Lal Barnawal R/O Makatpur, P.S. Giridih Sadar, Distt.- Giridih (Jharkhand) 6. Anil Kumar Singh S/O Shri Bachoo Prasad Singh R/O Budhauli, P.S. Pakribarawan, Distt.- Nawadah 7. Om Prakash Pal S/O Shri Lal Bihari Pal R/O Kudra, P.S.- Kudra, Distt.- Kaimur 8. Rupesh Kumar S/O Shri Rajendra Prasad R/O Vill.- Khairan, P.S. Balrampur, Distt.- Katihar 9. Sujit Kumar Singh S/O Shri Ajay Kumar Singh R/O Vill.- Birpur, P.S. Birpur, Distt.- Supaul 10. Dinesh Prasad S/O Sri Anantu Prasad R/O Station Road, P.S.- Fatuha, Distt.- Patna 11. Shailendra Kumar S/O Shri Shrikant Singh R/O Vill.- Chipura, P.S. Gaurichak, Distt.- Patna ….Petitioners .... Appellant/s Versus 1. The State Of Bihar Through The Secretary Department Of Personnel & Administrative Reforms, Government Of Bihar, New Secretariat, Patna 2. Joint Secretary Personnel & Administrative Reforms Department, Govt. Of Bihar, New Secretariat, Patna 3. Bihar Public Service Commission Through Its Chairman, Baily Road, Patna 4. Secretary, Bihar Public Service Commission, Baily Road, Patna 5. Officer-On-Special Duty, Bihar Public Service Commission, Bailey Road, Patna …..Respondents… Respondents 6. Bipin Kumar S/O Shri Taj Narayan Singh R/O Vill.- Divra, P.S. Barhara Kothi, Distt.- Purnia 7. Gopal Krishna S/O Shri Veevekanand Roy R/O Narkatia, P.S.- Thana Bihpur, Distt.- Bhagalpur 8. Pankaj Kumar S/O Shri Ishwar Das R/O Vill.- Mirdaha Chak, P.S. Bakhtiyarpur, Distt.- Patna 9. Rakesh Kumar S/O Shri Ram Babu Gupta R/O Laki Road Norora, P.S.- Hazaribagh, Distt.- Hazaribagh (Jharkhand) 10. Dinesh Kumar S/O Sri Deo Prayag Sao R/O Mohalla- Bakarganj, P.S.- Kadamkuan, Distt.- Patna ….Proforma/.... .... Respondent/s ====================================================== Patna High Court LPA No.1371 of 2010 (13) dt.23-11-2011 3 Appearance : (In LPA No.1371 of 2010) For the Appellant/s : Mr. Jitendra Kr. Singh, Sr. Advocate Mr Vikram Singh, Advocate For the State : Mr Sudhir Kumar, AC to AAG 2 For the BPSC : Mr D. K. Sinha, Sr. Advocate Mr Anil Kr. Singh 1, Advocate (In LPA No.1298 of 2010) For the Appellant/s : Mr. Chitranjan Sinha, Sr. Advocate Mr Sanjeet Kumar, Advocate For the State : Mr Biresh Kumar Sinha, AC to AAG 2 For the BPSC : Mr D. K. Sinha, Sr. Advocate Mr Anil Kr. Singh 1, Advocate ====================================================== 13 23-11-2011 Heard the parties. 2. Both the appeals arise out of a common judgment dated 8.7.2009 whereby the Writ Court has dismissed the writ petition bearing CWJC No.1812 of 2007 for the reasons recorded in that order. Out of 16 writ petitioners, 11 have preferred LPA No.1298 of 2010 and one has preferred the other appeal. 3. The appellants/ writ petitioners claim a right of being considered for appointment to the post of Assistant which was subsequently converted into post of LDC, on the basis of Advertisement no.22 of 1999. The result of the competitive examination was published on 29.5.2002 and the Commission initially recommended for all 331 posts but on account of bifurcation of erstwhile State of Bihar with effect from 15.11.2000, the earlier recommendation was modified and on Patna High Court LPA No.1371 of 2010 (13) dt.23-11-2011 4 25.8.2003 only 221 candidates were recommended against 2/3rd of the vacancies allocated to the present State of Bihar. 4. An earlier writ petition bearing CWJC No.11175 of 2003 was filed by some of the petitioners/ appellants seeking quashing of an order by which the earlier recommendation of the Commission was modified. That writ petition was disposed of on 13.10.2004 by a learned single Judge of this Court by adopting the judgment and director of a Division Bench dated 10.5.2002 passed in LPA No.109 of 2002 ( State of Bihar v. Sanjeev Kumar & ors.). Relevant part of Division Bench judgment has been extracted by the learned single Judge and it shows that after bifurcation of the State only 2/3rd vacancies had to be allocated to the State of Bihar which was obliged to consider the question of appointment of the empanelled candidates to the post of LDC on the 2/3rd vacancies. 5. In order to obtain relief, the writ petitioners filed contempt application but the contempt proceeding was dropped on 29.11.2006. 6. By the order under appeal, the learned Writ Court has considered the fact that the earlier recommendation in which names of the writ petitioners figured was later on withdrawn and their names do not figure in the revised recommendation on account of reallocation of vacancies. It was also noticed that no Patna High Court LPA No.1371 of 2010 (13) dt.23-11-2011 5 relief was given to the petitioners in CWJC No.11175 of 2003 which could create a right in the writ petitioners to claim appointment although they are not empanelled as per revised recommendation of the Commission. 7. We are in agreement with the views of the Writ Court. We find no merit in these appeals. They are accordingly dismissed. There shall be no order as to costs. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)