Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
BIHAR STATE UNEMPLOYED CIVILENGINEERS ASSOCIATION, THROUGH I
Vs.
RESPONDENT:
THE STATE OF BIHAR AND OTHERS
DATE OF JUDGMENT: 08/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (5) 367 1996 SCALE (4)167
ACT:
HEADNOTE:
JUDGMENT:
And
Civil Appeal Nos.7518-20 of 1996
(Arising out of SLP(C) Nos. 8215-17 of 1996)
O R D E R
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
The writ petitioners in the High Court as well as the
State have come up in these appeals. It is not necessary for
us to elaborate all the material facts and also the
contentions advanced in the High Court. Suffice it to state
that the High Court of Patna in the impugned order dated
November 21, 1995 in CWJC Nos. 2093/89 and 3072/90 directed
the Government to identify the vacancies existing as on
December 31,1987 and available for appointment from among
the candidates in the waiting list as recommended by the
Public Service Commission to the Assistant Engineers
(Civil). The High Court also found that the 200 posts
earmarked by the Government in their resolution dated June
16, 1987 were intended for Engineers in Rural Engineering
Organization but the writ petitioners have no right to be
appointed up to those posts from the wait listed candidates.
Shri Gopal Subramaniam, learned senior counsel
appearing for the writ petitioners contended that since the
Public Service Commission had rejected the request of the
State Government to regularize the employees holding these
200 posts in the Government Resolution dated June 16, 1987,
those posts should be] made available to the candidates who
are wait listed. We find no force in the contention. It is
seen that those 200 posts are meant to the Rural Engineering
Organization and not for Road/Building Construction and
Public Works Department. Under those circumstances, the
necessary consequence would be that those 200 posts should
be made available for direct recruitment through the Public
Service Commission and the eligible candidates would apply
for and get the selection according to rules for appointment
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
to those posts. It would be open to the employees also to
apply for direct recruitment and seek selection according to
rules.
With regard to the direction given by the High Court to
identify the existing vacancies as on December 31 1987 as
per the Resolution of the Government for being filled up by
the wait listed candidates, we find no exception to the
direction given by the High Court, on the peculiar facts in
this case. It is true that the court cannot give direction
to fill up vacancies from the waiting list after the lapse
of one year. But in this case, the High Court had given
exception to the principle. An interim direction given
earlier to keep the waiting list alive was in operation till
the disposal of the writ petition. The High Court has also
found that on the basis of the material on record, it was
not possible for the court to record any finding as to the
number of vacancies existing as on December 31, 1987 so as
to give direction to fill up those posts from the candidates
available in the waiting list.
It is then contended for the State that a positive
stand taken and the material placed before the High Court
was that the vacancies meant for the general candidates have
already been filled up and that there were no vacancies
existing as on that date. It is true that the State has
taken that stand. But the High Court did not feel satisfied
to accept the Government’s contention that no posts were
available for appointment. Under those circumstances, it
would be for the Government to make afresh exercise to
identify whether there exist vacancies meant either for
general candidates or for the reserved candidates and, if
so, how many of them do exist so as to fill up the
vacancies, if so identified, from among the candidates from
waiting list If the Government finds that there are no
vacancies existing, the Government would place a report in
this behalf before the High Court accordingly.
The appeals are dismissed with the above observations.
No costs.