IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7206 of 2008 Krishna Kumar Yadav, S/O- SRI JIWAL YADAV, PERMANENT RESIDENT OF VILLAGE- GANDHARIA (BEHRAKOCHA), P.O. UNTA, DISTRICT- CHATRA (JHARKHAND) AT PRESENT- POSTED AS SUB-DIVISIONAL EDUCATION OFFICER, AURANGABAD, DISTRICT- AURANGABAD :--PETITIONER. Versus 1. The State Of Bihar THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 3. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, BAILEY ROAD, PATNA. 4. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 5. THE DEPUTY SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA :--RESPONDENTS. ---------------------------------- For the petitioner : Mr. Yogesh Chandra Verma, Senior Advocate. Mr. Dilip Kumar Roy, Advocate. For the State : A.A.G.-6 (J.C.) Mr. Sauravnath, Advocate. For B.P.S.C. : M/S Ashok Kumar Choudhary, Anil Kumar Tiwary, Advocates. ===== 6. 08.08.2011. Heard learned counsel for the petitioner, State and the Bihar Public Service Commission (hereinafter referred to as “B.P.S.C.”). 2. Petitioner appeared in the 45th Combined Competitive Examination conducted by the B.P.S.C. In the light of the result of the said examination petitioner was appointed in the Bihar Education Service. Petitioner was not satisfied with such appointment as according to him as per the marks obtained by him in the said examination he ought to have been appointed in the Bihar Administrative Service. For appointment in the Bihar Administrative 2 Service petitioner made representation before the authorities of the B.P.S.C. and the State Government which was not considered by the authorities and petitioner filed the present writ petition praying, inter alia, to direct the authorities of the B.P.S.C. to reconsider the marks obtained by him and then to recommend him for appointment in the Bihar Administrative Service with further prayer to the State Government to appointment the petitioner in the Bihar Administrative Service in the light of such recommendation made by the B.P.S.C. 3. During the pendency of the writ petition several interim orders were passed. In compliance of the aforesaid interim order the B.P.S.C. issued recommendation bearing Memo No. 61 dated 08.08.2011, whereunder petitioner has been recommended for appointment in the Bihar Administrative Service. 4. Having heard counsel for the parties, I direct the Principal Secretary of the General Administration Department to consider the claim of the petitioner for appointment in the Bihar Administrative Service in the light of the recommendation made by the B.P.S.C. under Memo No. 61 dated 08.08.2011 in accordance with law, as 3 early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. It goes without saying that if petitioner is granted appointment in the Bihar Administrative Service the authorities of the General Administration Department may also consider his case for grant of consequential seniority within the same time. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)