IN THE MATTER OF AN APPLCIATION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA ---------- CWJC No.6450 of 1998 ANIL KUMAR S/O ACHAI LAL SIGNH R/O RAM LAKHAN PATH, ASHOK NAGER, ROAD NO.8, PATNA 20, DISTT- PATNA -------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECY., GOVT. OF BIHAR, PATNA 2. THE SECY. DEPARTMENT OF PERSONAL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 3. THE SECY. ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE SECY. WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR,PATNA 5. THE B.P.S.C. JAWAHAR LAL NEHARU MARG, PATNA THROUGH ITS CHAIRMAN 6. THE SECY. BPSC, JAWAHAR LAL NEHRU MARG, PATNA 7. THE OFFICER ON SPECIAL DUTY, BPSC. 15 JAWAHAR LAL NEHRU MARG, PATNA------------------RESPONDENTS. ----------- For the Petitioner: Mrs. Sheel Sharma, Advocate For the State: Mr. S.K.Ghosh, Sr. Advocate Mr. N.K.Sinha AC to AAG2 For the BPSC Mrs. Nilu Agrawal, Advocate ---------- P R E S E N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.K.Tripathi,J Petitioner wants quashing of Advertisement No.128 of 1996 issued by the Bihar Public Service Commission. The said advertisement was for recruitment of eligible candidates for the post of Assistant Engineer (Civil). Admitted position is that pursuant to the advertisement written examination and interview etc. were held and final result with regard to successful candidates was duly published. Based on the merit list and recommendation made by the Bihar Public Service Commission, the respondent State authority had made appointment way back in the year, 2004. The case of the petitioner is that he was a trainee apprentice and had right for appointment in the light of the - 2 - decision rendered by the Supreme Court in the case of U.P State Road Transport Corporation & Another vs. U. P. Parivahan Nigam Shishukha Begozgar Sangh & Others (1995) 2 SCC 1 From the pleading or absence of pleading in the writ application the petitioner does not even know if he had qualified in the examination for which he sat. No result of his was ever published. In view of the above he is seeking a direction upon the respondent Bihar Public Service Commission to inform the Court as to the status of the result of the said examination in relation to the present petitioner and also consider his case for appointment. In absence of any categorical pleading that the petitioner had reason to believe that he had cleared the examination and that his result had been maliciously or illegally not published, the only inference which can be drawn is that the petitioner never qualified so his result was not declared. That by itself speaks about the merit of the claim of the petitioner on the issue. This writ application has no merit and it is dismissed on that score alone. There will be no order as to costs. Patna High Court, Patna Dated the 29th June,2010 NAFR./RPS/sr. Secy. (Ajay Kumar Tripathi, J.)