IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15074 of 2005 ASHOK KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 5/ 9/7/2008. Heard learned counsel for the petitioner, for the State and for the Bihar Public Service Commission. The facts that transpire are that advertisement No.1 of 1997 was published for available vacancies on the post of drivers. The petitioners were also applicants to the same. Having competed in the selection process, their names came to be recommended by the Bihar Public Service Commission. They are now aggrieved by the failure of the respondent State to act in accordance with the recommendation. Counter affidavit has been filed on behalf of the respondent State. It states at paragraph Nos.7 and 8 that the petitioners are successful candidates. That they were one of the 9 candidates who could not be appointed in accordance with recommendations, as there was some “shortcoming” in their papers even while 67 candidates have already been appointed. What transpires from the counter affidavit is that vacancies are available against which the petitioners can be considered in pursuance of the recommendation of the Commission. That, per se, could not have created a right in the petitioners, but at the same time the respondents would have to put forth justifiable and cogent reasons not to act on the recommendation when advertisements were issued, selection process completed and the petitioners having been recommended, the vacancies being available. - 2 - The counter affidavit is perfunctory and vague. It displays complete non-seriousness on behalf of the respondent State and reflects an attitude of denial of consideration on whims and fancies. What where the “shortcomings” have not been spelt out. This Court is, therefore, satisfied that the action of the respondent State in not acting upon the recommendations of the Commission are absolutely whimsical and arbitrary necessitating a mandamus by this Court to consider the case of the petitioners in accordance with the recommendation and pass final orders with regard to the appointment of the petitioners within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands allowed. KC ( Navin Sinha,J )