IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.315 of 2009 with C. REV. No.311 of 2009 with C. REV. No.316 of 2009 with C. REV. No.312 of 2009 with C. REV. No.313 of 2009 with C. REV. No.318 of 2009 with C. REV. No.320 of 2009 with C. REV. No.319 of 2009 with C. REV. No.317 of 2009 ----------- In C. Rev. No.315 of 2009 1. The State of Bihar through Chief Secretary Government of Bihar, Patna. 2. The Secretary Personnel and Administrative Reforms Department, Government of Bihar, Patna. ----- Petitioners/Respondents. Versus 1. Sunil Kumar Sinha, Son of Sri Braj Kishore Prasad, C/O Chandra Mohan Prasad, Advocate, Mohalla-Manikpur, P.O. Mirjanhat, Bhagalpur-5 D.R.D.A. Office, Collectorate Compound, Bhagalpur. 2. Vishwajeet Kumar, son of late Man Mohan Prasad, resident of Mohalla-Kharmanchak, Lajpatpark, Bhagalpur, S.D.O. Sadar Office, Bhagalpur. 3. Prakash Chandra Ravidas, son of late Santlal Ravidas, resident of Village-Urdu Bazar (Rekabganj), P.O.-Bhagalpur City, District-Bhagalpur, C.O. Office, Jagdishpur, Bhagalpur. 4. Nagendra Prasad Sah, son of Sri Bateshwar Sah, resident of Quarter No.13, Jhauwa Kothi, P.O. Bari Khanjarpur, District- Bhagalpur, at present posted as Steno, in the office of Deputy Development Commissioner, Collectorate Compound, Bhagalpur. ---Respondents/Petitioners. 5. Bihar Public Service Commission through its Secretary, Patna. 2 6. Chairman Bihar Public Service Commission, Patna. 7. Controller of Examination, Bihar Public Service Commission, Patna --- Proforma Respondents. In C. Review No. 311 of 2009 1. The State of Bihar through the Secretary Personnel and Administrative Reforms Department, Government of Bihar, Patna. 2. The Secretary Personnel and Administrative Reforms Department, Government of Bihar, Patna --- Petitioners/Respondents. Versus 1. Subodh Kumar Verma, son of late Arjun Kumar Verma, resident of Mohalla-South Chandmari Road, P.S. Kankarbagh, Dist. Patna. --- Respondent/Petitioner. 2. The Chairman, Bihar Service Commission Bailey Road, Patna. 3. The Secretary Bihar Public Service Commission Bailey Road, Patna. 4. The Deputy Secretary Bihar Public Service Commission, Bailey Road, Patna. ---- Proforma Respondents/Respondents. In C. Review No. 316 of 2009 1. The State of Bihar through its Chief Secretary. 2. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna ---- Petitioners/Respondents. Versus 1. Saras Kumar, son of Sri Dinesh Chandra Prasad, resident of Mohalla-Sheopur, Mahendru, P.O. Mahendru & P.S. Sultanganj, Dist. Patna. ----- Respondent/Petitioner 2. The Chairman, Bihar Public Service Commission 15, Jawaharlal Nehru Marg (Bailey Road), Patna. 3. The Secretary Bihar Public Service Commission 15, Jawaharlal Nehru Marg (Bailey Road), Patna. 4. The Deputy Secretary Bihar Public Service Commission, 15, Jawaharlal Nehru Marg (Bailey Road), Patna. 5. The Controller of Examination, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg(Bailey Road), Patna --- Proforma respondents/Respondents. 3 In C. Review No. 312 of 2009 1. The State of Bihar. 2. The Chief Secretary Government of Bihar, Old Secretariat, Patna. 3. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Old Secretariat, Patna. ---- Petitioners/Respondents. Versus 1. Birendra Kumar Tewari, son of late Ram Suresh Tewari at present working as Statistical Assistant, Statistic and Evaluation Directorate, Government of Bihar. 2. Manvendra Prasad Singh, son of Sri Kameshwar Prasad Singh, Assistant Health Department, New Secretariat, Vikash Bhawan, Patna. 3. Deo Narayan Choudhary, son of late Ganesh Mahto, Fitter, Bihar State Police Rodio, R-X Bhawan, Bailey Road, Patna, Dist-Patna. 4. Sadhu Sharan Prasad, son of Sri Reghuwar Prasad, Statistical Assistant, Statistics and Evaluation Directorate, Government of Bihar, Patna, Dist. Patna. 5. Suresh Singh, son of Sri Mahavir Singh, Literate Constable, A.D.G (Confidential Branch) CID Patna, District- Patna. 6. Lal Mohammad son of Abdul Hakim, Personal Assistant, Forest and Environment Department, Sinchai Bhawan, Patna, District- Patna. 7. Uendar Kumar son of Sri Deep Narayan Singh, C.E.O. Barh Circle(Joint Registrar, Co-operative Societies), Co-operative Department, Government of Bihar, Barh, District-Patna. 8. Chandrama Prasad, son of Sri Chaathu Paswan, Assistant, Health Department, Vikash Bhawan, New Secretariat, Patna, District- Patna. 9. Krishna Prasad, son of Sri Sasti Ram, Assistant, Rural Engineering Department, Rural Development, Building, Viswasraiya Bhawan, Patna, District- Patna. 10. Goraksh Manjhi, son of late Gulab Manjhi, Assistant, Primary Education, Vikash Bhawan, New Secretariat, Patna, District- Patna. 11. Vidhan Chandra Lal, son of Sri Heera Lal Sub-Inspector, Crime Investigation 4 Department, Government of Bihar, Old Secretariat, Patna, District- Patna. 12. Ram Chandra Paswan, son of late Meghan Paswan Assistant, Information and Public Relation Department, Government of Bihar, Old Secretariat, Patna, Dist. Patna. 13. Vikesh Kumar, son of Awadesh Kumar, Steno Typist, Statistics and Evaluation Directorate, Government of Bihar, Patna, Dist. Patna. 14. Pandev Kumari, wife of Sri Rajendra Ram, A.N.M. at present posted at Primary Health Centre Madhepura, District-Madhepura. 15. Jai Narayan Paswan son of late Rasik Lal Paswan, Assistant, Industry Department, New Secretariat, Vikash Bhawan, Patna, District- Patna. 16. Syed Mohiuddin Ahmad son of Syed Ashfaque Ahaam Water Resources Department, Jal Sansadhan Bhawan, Siristabad, Patna, District-Patna. 17. Awadhesh Kumar Sinha, son of late Bhubneshwar Singh Assistant Statistical Officer, Directorate of Statistics and Evaluation, Govt. of Bihar, Patna. --- Respondents/Petitioners. 18. The Bihar Public Service Commission 15 Jawaharlal Nehru Marg (Bailey road, Patna. 19. The Secretary Bihar Public Service Commission, 15, Jawaharlal Nehru Marg (Bailey Road), Patna.--- Proforma/Respondent/Respondents. In C. Review No. 313 of 2009. 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.The Secretary-cum-Commissioner, Department of Personnel and Administrative Reforms, Old Secretariat, Patna. --- Petitioners/Respondents. Versus 1. Mahendra Kumar Verma, son of late Dashrath Lal, resident of Vill + P.O. Sri Dhandibhitha, P.S. Sursaul, Dist- Sitamarhi, presently posted as a Clerk, District Certificate Auction Office, Sitamarhi, District-Sitamarhi.---- Respondent/Petitioner. 2. The Chairman, Bihar Public Service Commissioner, Bailey Road, Patna. 3. The Secretary Bihar Public Service Commission, Bailey Road, Patna. 5 4. The Deputy Secretary Public Service Commission, Bailey Road, Patna. 5. The Under Secretary Public Service Commission, Bailey Road, Patna ---- Proforma/Respondent/Respondents. In C. Review No. 318 of 2009 The State of Bihar, through the Chief Secretary, Old Secretariat, Patna. ---- Petitioner/Respondent. Versus 1. Jai Prakesh Yadav, son of Shri Bisheshwar Prasad Yadav, R/at Ward no.4, Professor Colony Kabistan Road, Madhepura, P.S. Madhepura, Dist.-Madhepura, Roll No.113634. 2. Vijay Kumar son of late Jagdish Narayan, R/At Ward No.1 P.S. Madhepura, Distt. Madhepura, Roll No.111107 3. Santosh Kumar Singh son of Shri Sita Ram Singh, R/At Laxmipur, P.S. Madhepura, Dist. Madhepura, Roll No.110171. 4. Lalbabu Prasad, son of Sri Muni Lal R/At Jamuara, P.S. Hilsa, Dist. Nalanda, Roll No. 112650. 5. Anand Kumar Tiwari, son of late Ram Pujan Tiwari, R/O Mohalla Dhakanpura, P.O. Anisabad, Patna-2, Roll No.110832. 6. Kumdan Kumar Kaushik, son of Sri Gaya Prasad Singh R/O Village Manore (Ratanpur) P.S. Obera, Distt-Aurangabad, Roll No.112683. 7. Ram Kumar Singh, son of late Sivprasan Singh, R/at Gardanibagh, Road no.1, P.S. Gardanibagh, Patna-2, Roll No.112866. 8. Binod Kumar Singh, son of Sri Ram Pravesh Singh R/at Kharik P.S. Desheri, Dist- Vaishali, Roll No.111857. ---- Respondents/Petitioners. 9. The Bihar Public Service Commission through its Secretary, 15 Jawaharlal Nehru Marg (Bailey Road), Patna. 10. The Chairman Bihar Public Service Commission, 15, Jawaharlal Nehru Marg (Bailey Road), Patna. 11. The Deputy Secretary Public Service Commission, 15, Jawaharlal Nehru Marg(Bailey Road), Patna. 12. The Controller of Examination Bihar Public Service Commission 15 Jawaharlal Nehru Marg (Bailey Road), Patna ---- Proforma/Respondent/Respondents. 6 In C. Review No.320 of 2009 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna. --- Petitioners/Respondents. Versus 1. Niranjan Prasad Mandal, son of Sri Radha Prasad Mandal, resident of Mohalla_Lohia Nagar, P.S. & Dist. Katihar. 2. Biru Prasad Mandal, son of late Ishwar Prasad Mandal, resident of Mohalla_Barmasia near P & T, Colony Chouk, Katihar, Police Station and Dist.-Katihar. 3. Bipin Chandra Mandal, son of Sri Chhohram Mandal, resident of Mohalla Buddhuchak Katihar, Police Station and District- Katihar. 4. Ramesh Prasad Mandal, son of late Bishwanath Prasad Mandal, resident of Mohalla Jagarnathpuri, Barmasia, Katihar, Police Station and District-Katihar. ---- Respondents/Petitioners. 5. The Bihar Public Service Commission, Patna. 6. The Chairman, the Bihar Public Service Commission, Patna. 7. The Secretary, the Bihar Public Service Commission, Patna. ----Proforma Respondents/Respondents. In C. Review No. 319 of 2009. 1. The State of Bihar through its Chief Secretary, Patna. 2. The Secretary, Personnel and Administrative Reforms Department Government of Bihar, Patna --- Petitioners/Respondents. Versus 1. Krishna Nandan Saw, son of Sri Jhapsi Saw, resident of Vill- Kalyanpur, P.O. Lakshmipur, P.S. Barahiya Dist. Lakhisarai, Local address Mohalla-Hanumannagar, Shiv Prasad Nagar Colony, P.O. Lohiya Nagar, Patna-20. 2. Upendra Prasad, son of late Mukhlal Roy, 8210 Officers Hostel Beli Road, Patna. 3. Dr. Triloki Nath, son of Ram Shubhag Thakur, Lecturer 10 +2 B.M Inter College, Gopalganj. 4. Dharma Nath Baitha, son of Shukh Lal Baitha, resident of Majlishpur, P.O. 7 Bhaishmara, P.S. Garkha, Dist. Saran (Chapra). 5. Dr. Maheswar Prasad Gupta, son of late Ashique Lal Gupta, resident of Village- _Maula Bag, Ara. 6. Sachchida Nand Kumar, son of Satya Narayan Lal, resident of Mohallah-Noon Ka Chauraha Patna City, Patna. 7. Ajay Kumar, son of late Ashrfi Malik, resident of Village-Sundar Pur, Chhathi Pokhar, P.O.+ District-Dharbhanga. 8. Maheswar Roy, son of late Tilak Roy, D.M. Office, Collectorate Vaishali. 9. Raj Kumar Chaudhary, son of Bhola Chaudhary, resident of Village- Alampur, Indore Bhaya Dhansoyee, Dist-Buxer. 10. Sahagird Majhi, son of late Manana Manjhi, resident of village and P.O. Tarawara, Dist. Siwan. 11. Alkh Niranjan Prasad, son of Mauji Raut at Tourism Department, Old Secretariat, Patna. 12. Pramod Kumar Mandal, son of Bhuneswar Mandal at Barmashiya, Budha Chak, District- Katihar ---- Respondents/Petitioners. In C. Review No. 317 of 2009 The State of Bihar, through Chief Secretary, Govt.of Bihar,Patna.- Petitioner/Respondent. Versus Shreekant Kumar, son of Ram Autar Mahto, resident of Vill- Poiwan, P.S. Aurangabad, Dist.-Aurangabad. --- ---- Respondents/Petitioners. ------- 3. 30.6.2010 Heard learned counsel for the parties. The State of Bihar has filed these applications for modification of the judgment dated 12.9.2008, passed by this Court in C.W.J.C. No.7725 of 2005, and the analogous writ petitions, whereby the selection process for promotion on the basis of the limited 8 competitive examination has been set aside, and the authorities were directed to send requisition to the Bihar Public Service Commission for a fresh selection process within a period of two months. The State of Bihar has filed these applications for modification of the direction made in paragraph nos. 53 and 54 of the judgment, whereby the State Government has been directed to take into account the vacancies which have occurred till bifurcation of the undivided State of Bihar. Learned counsel for the petitioners submits that this part of the judgment may be modified, the vacancies which have occurred prior to bifurcation of the State may be excluded because 25% of the vacancies have been allocated to the newly created State of Jharkhand. For the reasons indicated in paragraph nos. 53 and 54 of the judgment, we are not inclined to modify the order. Law is well settled that all vacancies for promotion which have occurred prior to bifurcation of the State shall be taken into account by the present State of Bihar. The candidates can not be allowed to suffer because of the 9 inaction of the authorities. In the result, these review applications are hereby rejected. Vinay/ ( S. K. Katriar ,J. )