IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3515 of 2009 1. GYANAND SON OF SRI SHATRUGHAN THAKUR, RESIDENT OF M.I.G. 128, HANUMAN NAGAR, POLICE STATION PATRAKAR NAGAR, KANKARBAGH, DISTRICT PATNA. 2. ABHAY KUMAR SON OF SRI JAGANANATH PRASAD, RESIDENT OF AT + P.O. DUMARI BAREMA, POLICE STATION MADANPUR, DISTRICT AURANGABAD. Versus 1. R.J.M. PILLAI , BIHAR PUBLIC SERVICE COMMISSION THROUGH THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 2. SRI R.J.M. PILLAI, CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 3. STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, NAMELY SRI ANUP MUKHARJI, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. SRI BHANU PRATAP SHARMA, FINANCE SECRETARY, GOVERNEMNT OF BIHAR, PATNA. 5. DR. C. ASHOKBARDHAN, SECRETARY, DEPARTMENT OF LAND REVENUE, GOVT. OF BIHAR, PATNA. With C. REV. No.69 of 2011 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE FINANCE SECRETARY, GOVERNEMNT OF BIHAR, PATNA. 3. THE SECRETARY (NOW PRINCIPAL SECRETARY), DEPARTMENT OF LAND REVENUE, GOVT. OF BIHAR, PATNA. Versus 1. GYANAND SON OF SRI SHATRUGHAN THAKUR, RESIDENT OF M.I.G. 128, HANUMAN NAGAR, POLICE STATION PATRAKAR NAGAR, KANKARBAGH, DISTRICT PATNA. 2. ABHAY KUMAR SON OF SRI JAGANANATH PRASAD, RESIDENT OF AT + P.O. DUMARI BAREMA, POLICE STATION MADANPUR, DISTRICT AURANGABAD. 3. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 4. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. ----------- 07. 16.03.2011 Review application has been filed seeking review of order no.2 dated 6.8.2009 passed in C.W.J.C. No.9304 of 2009, whereunder this Court directed the State respondents to consider whether the writ - 2 - petitioners were applicant for competitive examination pursuant to Advertisement No.01 of 1990 and if they were the candidates for the said examination, request of the directorate of consolidation be forwarded to the commission in the light of the request contained in letter no.531 dated 13.6.2008. 2. In compliance of the orders of this Court, the State respondents examined the claim of the writ petitioners and found that they were applicant for competitive examination pursuant to Advertisement No.01 of 1990 forwarded the request of the directorate of consolidation contained in letter no.531 dated 13.6.2008 to the commission, whereafter process for appointment of the writ petitioners i.e. opposite party nos.1 and 2 to the review petition is on and they are likely to be appointed by the State of Bihar on the post of Assistant Consolidation Officer. Having complied the orders of this Court dated 6.8.2009 so far the writ petitioners are concerned the State respondents are seeking review of the order dated 6.8.2009 on the ground that other remaining vacancies contained in letter no.531 dated 13.6.2008 cannot be filled up as in the meantime, the State respondents have framed Bihar Revenue Service Rules, 2010 in which the vacancies in the cadre of Assistant Consolidation Officer has been substantially reduced. 3. Aforesaid submission is being refuted by the counsel for the writ petitioners and the interveners on the ground that in Advertisement No.01 of 1990 the vacancies which were advertised had arisen between 1.1.1990 to 31.12.1993 and the subsequent Rule - 3 - framed in 2010 shall not govern the vacancies advertised earlier. The two rival submission can be better appreciated if the person aggrieved by reduction of the vacancy under 2010 Rules approach the High Court by filing the writ petition. 4. Both the contempt application and the review application are, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)