Government Must Decide on Filling Reported Vacancies Through the Commission Within Six Months

The petitioners participated in the recruitment process for Office Parichari/Parichari (Vishisht), initiated under Notification No. 17975 dated 22 September 2023, with an examination held on 15 September 2024.

They alleged that Annexure 3 recorded 349 vacancies, but only 34 posts were referred to the Bihar Staff Selection Commission, and sought consideration against the vacancies legally available.

The Commission stated that selection had been completed, successful candidates had been recommended and had joined.

The Court also noted that, by letter dated 17 August 2026, the District Magistrate had communicated the total vacancies to the Principal Secretary, General Administration Department.

1. Whether the petitioners were entitled to be considered for appointment in the completed recruitment process, having regard to their claim that 349 vacancies existed but only 34 posts were referred to the Commission.

2. Whether the Court should direct the State to take steps to fill the vacancies communicated by the District Magistrate.

The judgment cites no specific statutory provision, precedent, or articulated legal doctrine as the basis for its decision.

The petitioners relied on the applicable recruitment rules and governmental instructions, including the rules notified on 22 September 2023.

The Court’s decision rests on the case-specific findings that the selection process had concluded and that the District Magistrate had subsequently communicated the total vacancies to the General Administration Department.

The Court noted that the recruitment process had been completed and that the selected candidates had been recommended and had joined; it therefore held that no relief could be granted to the petitioners in the concluded selection.

Separately, it took account of the District Magistrate’s letter of 17 August 2026 communicating the total vacancies and expected the Principal Secretary to decide on filling those posts through the Commission within six months.

It directed that the Principal Secretary, General Administration Department, take a decision within six months on filling the posts referred to in the District Magistrate’s letter dated 17 August 2026.

The writ petition was disposed of with that direction.