IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.105 of 2011 5 28.4.2011 Shree Ravi Prakash Son of Sri Madan Prasad Srivastava, resident of Qr.No.5/ 381 Mohalla Lohia Nagar Kankarbagh, Police Station Kankarbagh District Patna …. Petitioner/ Appellant VERSUS 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 3. The Secretary, Road Construction Department, Government of Bihar, Vishweswaraia Bhawan, Bailey Road, Patna 4. The Secretary, Water Resources Department, Government of Bihar, Sichai Bhawan, Old Secretariat, Patna 5. The Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna through its Chairman 6. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna 7.The officer on Special Duty, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna 8. The Executive Officer, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna …. Respondents/ Respondents ---------- For the Petitioner : M/s B.K.Chaudhary, Sr. Advocate & Ram Sagar Singh, Advocate For the State : Mr Sudhir Kumar, AC to AAG 2 For the BPSC : Mr Gyanendra Kr. Shukla, Advocate ---------- Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the Bihar Public Service Commission. - 2 - The writ petitions preferred by the petitioners claimed a right in the petitioners to be exempted from written examination for selection to the post of Assistant Engineer in the Department of Road Construction, Government of Bihar. The exemption was sought on the basis of a judgment of the Apex Court in the case of U. P. State Road Transport Corporation & Another vs. U. P. Parivahan Nigam Shishukhs Berozgar Sangh & others, (1995) 2 SCC 1. The learned Writ Court noticed that the said judgment was rendered in a case from the State of Uttar Pradesh in the context of a public sector undertaking, the Road Transport Corporation, Uttar Pradesh and thereafter considered that the selection and appointments had matured in the year 2002 and 2004 on the basis of advertisements of the year 1996 and 1999 and no good ground was found to unsettle the appointments that had taken place long back. Leaned counsel for the appellant submitted that the learned Writ Court has not properly appreciated the aforesaid judgment of the Hon’ble Supreme Court in the - 3 - case of U.P. State Road Transport Corporation, particularly paragraph 12 of that judgment. Learned counsel for the Bihar Public Service Commission has rendered valuable assistance to us by pointing out a recent judgment of the Hon’ble Apex Court in the case of Santosh Kumar Tripathi and others Vs. Uttar Pradesh Power Corporation and others, (2009) 14 SCC 210, in which identical issue was involved and in paragraph 7, the Apex Court approved the Full Bench judgment of the Allahabad High Court that the decision in U.P. State Road Transport Corporation was only for the respondents in that case and the question whether or not the apprentices appointed were required to appear in the written examination would depend upon the statutory rules and regulations governing the recruitments in question. The recruitment process for appointment to the post of Assistant Engineer required written examination to be conducted by the Commission and hence, in view of the aforesaid judgment of the Hon’ble Supreme Court in the case of Sanotsh Kumar Tripathi, we have no - 4 - option but to hold that the claim of the appellant cannot succeed. This appeal is dismissed accordingly. sk (Shiva Kirti Singh, J.) (Dr Ravi Ranjan, J.)