Binod Kumar Tiwary v. The State Of Bihar & Ors.

submissions of learned counsel for the parties and on perusal of the relevant materials would go into the main issue as to whether that 100 posts of Bihar Accounts Service which were never made part of the selection process which had actually commenced on 13.01.2011 for holding the 53rd to 55th Combined Competitive Examination could be included in the continuing selection process subsequently at the stage of the main examination?

12. It has to be firstly kept in mind that the Combined Competitive Examination has been in existence in terms of Rule 4 of the Bihar Civil Service (Executive Branch) & the Bihar Junior 7 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P7/56 Civil Service (Recruitment) Rules, 1951 (hereinafter referred to as „1951 Rules‟) which envisages that the Commission shall announce in each year the number of vacancies to be filled up by direct recruitment on result of the Combined Competitive Examination. Rule 4 of 1951 Rules for the sake of convenience is quoted hereinbelow: “4. The Commission shall announce in each year in such manner as they think fit, the number of vacancies in each service to be filled by direct appointment on the result of a competitive examination and shall invite applications from candidates eligible for appointment under rules 6 and 7. The competitive examination will be conducted by the Commission and will normally be held between the months of November and February unless otherwise notified.”

13. For holding of such Combined Competitive Examination there is a syllabus set out in the aforementioned 1951 Rules, reference of which will be made at an appropriate place. This much, however, is to be noted here that when the Bihar Accounts Service Rules was framed on 28.3.2000 the same did not form part of the Combined Competitive Examination to be held under 1951 Rules. As a matter of fact when in Rule 4 of 1951 Rules there was an amendment brought by the notification dated 23rd July, 2007 envisaging that if for any reason the Commission could not hold the 8 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P8/56 Combined Competitive Examination in a particular year, it was still open to the Commission to hold common competitive examination for a particular year or years for which the competitive examination could not be held in that particular year, the Bihar Account Service Rules 2000 had still remained the same wherein separate advertisement and examination for its posts were required to be conducted by the Commission.

14. In the considered opinion of this Court the relevant portion of amended 1951 Rules has a direct bearing on the result of this writ application and the same is accordingly quoted hereinbelow: “ Provided that if, for only reason the Commission is not being able to hold the competitive examination for a particular year or years, it shall be open to the commission to hold common competitive examination for a particulars year or years for which competitive examination could not be held in that particulars year or years; Provided further that in the event of competitive examination being held for more than one year on requisition being made by the Government, it shall be open to the commission to hold one competitive examination for a particulars year or years and vacancies of particular year or years for which competitive examination could not be held in that particulars year may be clubbed together for the purpose of prepartion of merit 9 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P9/56 list of successful candidates and in the event of common competitive examination held by the commission, it shall not be necessary to prepare separate merit list for each recruitment year; Provided further if common competitive examination is being conducted for particular year or years as a special case, the applicant shall be entitled to relaxation of uper age limit provided such applicant was eligible in that particulars recruitment year for which the common competitive examination is being conducted.”

15. It is not in doubt that in terms of the aforementioned amended Rules the Commission had issued the advertisement for 53rd to 55th Combined Competitive Examination on 13.1.2011 but in keeping with the requirement of Rule 4 of 1951 Rules it had also fixed the qualifying age for all the three examinations separately and for 53rd Combined Competitive Examination while the last date of calculating the upper age limit is 1.8.2007, for 54th Combined Competitive Examination it was 1.8.2008 and for 55th Combined Competitive Examination it was 1.8.2009. This would become itself clear from the terms of the advertisement issued by the Commission on 13.1.2011, relevant portion whereof reads as follows: “53oha ls 55oha rd dh la;qDr izfr;ksfxrk ijh{kk,¡ ,d lkFk] lesfdr :i ls] vk;ksftr dh tk;sax] vr,o ,d gh vkosnu Hkjk tk,xk] vkSj mEehnokj dks ,d gh vuqdzekad vkoafVr fd;k tk,xkA “kS{kf.kd ;ksX;rk % vkosnu izkfIr dh vfUre frfFk rd fdlh ekU;rkizkIr fo”ofo|ky; ls Lukrd vFkok led{k mikf/k izkIrA 10 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P10/56 vk;q&lhek% [d] …i‰ mDr ijh{kk esa vf/kdre mez lhek fuEu:is.k fu/kkZfjr gS%& 1-8-2007 & 53oha la;qDr izfr;ksfxrk ijh{kk vukjf{kr ¼iq:’k½ & 37 o’kZ] vukjf{kr ¼efgyk½] 1-8-2008 & 54oha la;qDr izfr;ksfxrk ijh{kk fiNM+k oxZ ,oa vR;Ur fiNM+k oxZ ¼iq:’k ,oa efgyk½ 1-8-2009 & 55oha la;qDr izfr;ksfxrk ijh{kk & 40 o’kZ ,oa vuqlwfpr tkfr ,oa vuqlwfpr tutkfr ¼iq:’k ,oa efgyk½ & 42 o’kZ”

16. In the background of the admitted fact that the cadre Rule of Bihar Accounts Service notified on 28.3.2000 did not envisage the post meant for direct recruitment to be filled by the Combined Competitive Examination as on 1.8.2009, the last date of qualifying age for the 55th Combined Competitive Examination, there will be no difficulty for this Court in holding that the posts of Bihar Accounts Service even as per its own Rules which was in force on the date of issuance of the advertisement of 53rd to 55th Combined Competitive Examination i.e. 13.1.2011 could not have been included, inasmuch as the un-amended relevant Rules of Bihar Account Service for direct recruitment, as on 13.1.2011, had read as follows: “11. Direct Recruitment:- The Commission shall advertise the vacancies to be filled by direct recruitment through competitive examination and shall invite applications from candidates eligible for appointment to the Service. Finance Department may take decision to appoint specially qualified persons by direct recruitment against 50% posts of Internal Financial Advisors, such appointments shall be made from amongst the candidates selected on the basis of interview only. 11 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P11/56

12. Eligibility:- The candidates‟ eligibility appointment to be basic grade of the Service shall be in accordance with Rule 54 of the Bihar Service Code, 1952 and qualifications prescribed in schedule III to this Rule. Qualification for direct appointment to the posts of Internal Financial Advisors may be determined by the State Government at the appropriate time.

13. Medical Examination:- Every candidate selected for appointment shall have to undergo a medical examination by Medical Board constituted by the State Government. A candidate who fails to satisfy the Medical Board in regard to his/her physical fitness, necessary for efficient performance of the duties of the post, shall not be appointed. The Medical Board shall determine objective standards for this.

14. Viva Voce test:- Candidates numbering double of the vacancies and selected on the basis of marks obtained at the written examination shall be invited for appearing at a Viva Voce test. The marks at the Viva Vice test shall be fixed separately but no minimum qualifying marks shall be fixed for Viva-Voce test.

15. Recommendation of candidates by the Commission:- The Commission shall prepare a merit list on the basis of the marks obtained in accordance with Rule 14, giving weightage of 80 marks and 20 marks to written examination and Viva-voce test respectively. From the merit list so prepared, the Commission shall recommend such number of candidates as requisitioned by the Government. An case of non-joining of any candidate or 12 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P12/56 increase in vacancies, the recommendation of candidates may be made from the merit list (panel), within one year or next advertisement whichever takes place earlier.”

17. In view of the aforementioned existing Rules of Bihar Accounts Service as on 13.1.2011 when admittedly the selection process had commenced by way of advertisement of 53rd to 55th Combined Competitive Examination there will be also no difficulty in reaching to the conclusion that the subsequent amendment made in the Rules on 24.2.2011, when such amended Rules of Bihar Accounts Service were notified in the official gazette, could not have been given a retrospective operation. As a matter of fact this aspect has not been even controverted either by the State Government or the Commission that such amendment in the Rule made by the notification dated 22nd February. 2011 was notified in the official gazette on 24.2.2011 and was not in force on 13.1.2011 the date on which the seletion process for 53rd to 55th combined competitive examination had commenced. In fact the amended Rules published in Bihar Gazette on 24.2.2011 also did not make any specific reference of its being retrospective in operation as would be evidenced from the extract of amended Rules which is Annexure 4 to this writ application and reads as follows: “No. ko-Pra/stha-3/2011-1528F(2)- In exercise of powers conferred by proviso to Article 309 of the Constitution of 13 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P13/56 India, Governor of Bihar is pleased to make following amendments in the Bihar Accounts Service Rules, 2000:- 1. First sentence of Rule 11 of the said Rules, 2000 is substituted by the following:- “ The commission shall advertise the vacancies to be filled by direct recruitment through combined competitive examination and shall invite applications from candidates eligible for appointment to service. It will be essential for candidates for appointment on basic post under Bihar Accounts Service to have Bachelor‟s degree in Commerce, Economics, Mathematics or Statistics from a recognized university or an institution affiliated to it and in main examination it will be compulsory for candidates to take one of said subjects as optional subject.” 2. Rule 14 of the said Rules, 2000 is substituted by the following:- “ The commission shall invite candidates for viva-voce test as the provision in context of combined competitive examination conducted by the commission and marks of viva voce test shall also be fixed accordingly.” 3. First Sentence of Rule 15 of the said Rules, 2000 is substituted by the following:- “The commission shall prepare a merit list on the basis of marks obtained in written examination and viva voce test is provision in context combined competitive examination conducted by the commission.” 4. “Schedule III of the said Rules, 2000 is hereby 14 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P14/56 deleted.” By order of the Governor of Bihar, RAMESHWAR SINGH Principal Secretary.”

18. Thus on a conjoint reading of Rule 4 of 1951 Rules including its amendment made in the year 2007 and the provision of Bihar Accounts Rules, 2000 and its amendment made in the year 2011 it can be very well said that the post of Bihar Accounts Service after amendment of Rule on 22.2.2011 and its publication in the official gazette on 24.2.2011 could only be filled up through the Combined Competitive Examination only on or after

24.02.2011 through combined competitive examination by holding a fresh advertisement in terms of Rule 11 of Bihar Accounts Servie Rules 2000 through the next examination i.e. 56th combined competive examination inasmuch as the aforesaid amendment in Bihar Accounts Service Cadre Rules was prospective in nature and had come into force on 24.2.2011 when it was published in official gazette. Reference in this connection may usefully be made to the judgment of Apex Court in the case of Secretary, Andhra Pradesh Public Service Commission v. B. Swapna & ors., reported in (2005)4 SCC 154, wherein while considering the norms for appointment and selection for filling up vacancies which had been initially advertised it had been held that such norms of selection 15 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P15/56 cannot be altered after commencement of selection process inasmuch as the Rules prescribing qualification, which were amended during continuation of selection process having prospective could not have been retrospective effect.

19. In view of the aforementioned authoritative pronouncement of the Apex Court in the case of B. Swapna (supra) there will be no difficulty for this Court in holding that on

13.1.2011 when the selection process had already commenced for holding 53rd, 54th and 55th Combined Competitive (Preliminary) Examination, 2011, the post of Bihar Accounts Service could not have been and in fact had not been included. This will also become further clear from reading of the relevant portion of the advertisement dated 13.1.2011 itself which for the sake of clarity and convenience is quoted hereinbelow: “lkekU; iz”kklu foHkkx] fcgkj ljdkj ds i=kad 7691] fnukad 06-08-2010 }kjk 53oha ls 55oha lfEefyr la;qDr izfr;ksfxrk ijh{kk vk;ksftr djus dh lalwfpr lgefr ds (cid:216)e esa ljdkj ds fofHkUu lsokvksa@laoxksZ a ;Fkk ¼1½ fcgkj iz”kklfud lsok ¼mi lekgrkZ½ ¼2½ fcgkj vkj{kh lsok ¼vkj{kh mik/kh{kd½ ¼3½ ftyk lekns’Vk ¼x`g j{kk okfguh laxBu½ ¼4½ fcgkj foÙk lsok ¼okf.kT; dj inkf/kdkjh½ ¼5½ fcgkj f”k{kk lsok …6‰ fcgkj Je lsok …Je v/kh{kd ,oa fu;kstu inkf/kdkjh‰ …7‰ fcgkj dkjk lsok ¼dkjk/kh{kd ,oa izkscs”ku inkf/kdkjh½ ¼8½ fcgkj lgdkfjrk lsok oxZ&2 vUrxZr ftyk vads{k.k inkf/kdkjh ,oa lgk;d fucU/kd …lg;ksx lfefr;k¡‰ …9‰ bZ[k inkf/kdkjh …10‰ fcgkj fuca/ku lsok …voj fucU/kd‰ …11‰ voj fuokZpu inkf/kdkjh …12‰ mRikn fujh{kd …13‰ tulEidZ inkf/kdkjh ,oa …14‰ uxj dk;Zikyd inkf/kdkjh esa fuEufyf[kr lsokvksa@laoxksZa ls izkIr dqy 257 fjfDr;ks a] fcgkj vkj{kh lsok & 34] ftyk lekns’Vk & 09] izkscs”ku inkf/kdkjh & 56] ftyk vads{k.k inkf/kdkjh & 03] Je v/kh{kd 16 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P16/56 & 05] fu;kstu inkf/kdkjh & 08 ,oa uxj dk;Zikyd inkf/kdkjh & 27 vkSj vU; foHkkxksa ls izkIr gksus okyh fjfDr;ksa dh izR;k”kk esa] lq;ksX; Hkkjrh; ukxfjdksa ls vk;ksx }kjk fu/kkZfjr vkosnu i=] tks eq[; Mkd?kj] iVuk lfgr fcgkj jkT; ds lHkh ftyk eq[;ky; fLFkr ,oa vU; dqy 52 Mkd?kjksa ls fnukad 15-01-2011 ls fo(cid:216); fd;k tk,xk] esa vkosnu vkefU=r fd, tkrs gSaA fnukad 14-02-2011 dh la/;k 5-00 cts rd Hkjs gq, vkosnu i= dk fyQkQk lEcfU/kr Mkd?kj esa tek djuk lqfuf”pr djsaA”

20. From reading of the aforesaid relevant portion of the advertisement it would be clear that the post of Bihar Accounts Service were not at all included in the advertisement dated

13.1.2011 in which the last date of filing of the application was also

14.2.2011. As a matter of fact when the amendment in the Rules of Bihar Accounts Service Cadre Rules was made only on 22.2.2011 and was published in the official gazette on 24.2.2011, that is well after the expiry of last date of filing of the application for the candidates intending to appear in 53rd , 54th and 55th Combined Competitive Examination, it cannot be even remotely suggested that a subsequent amendment in the Rules could be given a retrospective effect for also undertaking the selection process for the post of Bihar Accounts Service.

21. The law in this regard is also well settled by the Apex Court in the case of N.T.Bevin Katti v. Karnataka Public Service Commission & ors., reported in (1990)3 SCC 157, wherein it was reiterated that where selection process was initiated by issuing advertisement inviting application, selection should be regulated by 17 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P17/56 the Rules and the orders then prevailing. The Apex Court has also emphasized that the Service Jurisprudence provides that normally ammendment in Rules during the pendency of the selection process operates prospectively unless contrary intention is indicated expressly or can be gathered by necessary implication.

22. This Court, however, at this place must take into consideration, an interesting submission of Mr. Lalit Kishore learned senior counsel for the Commission which was also adopted by the learned counsel for the State. They have submitted that in the advertisement it was clearly mentioned that apart from 257 vacancies the Commission could also include other vacancies on the basis of requisition being received from the other departments and therefore, if 100 post of Bihar Accounts Service were also requisitioned by the Finance Department by a letter dated

12.7.2011, there was no impediment in also including those posts under the ambit of 53rd, 54th and 55th Combined Competitive Examination.

23. This Court, however, is not inclined to accept such submission for more than one reason. First of all the advertisement had categorized 14 specific services/posts namely, (1) Bihar Administrative Service (Deputy Collector) (2) Bihar Police Service (Deputy Superintendent of Police (3) District Commandant (Home 18 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P18/56 guard Organization) (4) Bihar Finance Service (Commercial Tax Officer) (5) Bihar Education Service (6) Bihar Labour Service (Labour Superintendent and Employment Officer) (7) Bihar Jail Service (Superintendent of Jail and Probation Officer) (8) Bihar Co-operative Service Class II having the post of District Audit Officer and Assistant Registrar, Co-operative Society (9) Cane Officer (10) Bihar Registration Service (Sub Registrar) (11) Deputy Election Officer (12) Excise Superintendent (13) Public Relation Officer and (14) Municipal Executive Officer. Therefore, when there was no mention of Bihar Accounts Service, definitely a separate service as envisaged under Bihar Accounts Service Cadre Rules, 2000, it cannot be even remotely suggested that the expression „Aur Anaya Bibhagon Se Prapat Honewali Riktiyon Ki Pratayasa Me‟ (in anticipation of receipt of vacancies form the other departments), could in its wide ambit also include the post of Bihar Accounts Service.

24. It has to also kept in mind that all the 14 services/ posts having been categorically mentioned the concept of any further vacancy as reported and requisitioned by the departments at best had to be confined to those 14 services/posts. In other words, while it was open for the Commission to increase number of vacancies beyond 257 post including 34 post of Bihar Police 19 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P19/56 Service, 9 posts of District Commandant, 56 posts of Probation Officer, 3 post of District Audit Officer, 9 posts of Assistant Registrar, Co-operative Societies, 56 posts of Sub Registrar, 49 posts of Commercial Tax Officer, 3 posts of Excise Inspector, 5 posts of Labour Superintendent, 6 posts of Employment Officer and 27 posts of Principal Executive Officer or any other post covered by 14 services/posts specifically enumerated in the advertisement, but the same could not have been expanded to a service or post which was not even included in the advertisement commencing the selection process for 53rd, 54th and 55th Combined Competitive Examination commencing on 13.1.2011.

25. Secondly this aspect also gets clarified from further description of vacancies in Clause 7 of the advertisement dated

13.1.2011 which reads as follows: “7- fjfDr;k¡ % mDr jkT; lsok@laoxZokj ,oa vkj{k.k dksfVokj laiq’V dqy fjfDr;ksa dk fooj.k lfEefyr la;qDr …eq[;‰ izfr;ksfxrk ijh{kkQy ds lkFk gh izdkf”kr fd;k tk;xk tks lesfdr] ,dhd`r gksxk; izR;sd la;qDr izfr;ksfxrk ijh{kkokj ughaA” (underlining for emphasis) The expression „Ukta Rajaya Seva‟ in Clause 7 will also leave nothing for speculation that the selection process was not undertaken for 100 post of Bihar Accounts Service.

26. The submission of Mr. Lalit Kishore, learned Senior 20 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P20/56 counsel appearing on behalf of the Commission, that no prejudice could have been caused to any candidate on account of inclusion of 100 post of Bihar Accounts Service because the qualification for 53rd, 54th and 55th Combined Competitive Examination for 14 State services either in respect of age or qualification was in tune with the age and qualification for the post of Bihar Accounts Service has to be also only noted for its being rejected. It has to be kept in mind that the qualification of graduation or equivalent till the last date of receipt of the application from any recognized University for 14 services sought to be made subject matter of 53rd, 54th and 55th Combined Competitive Examination could not have been made applicable to the post of Bihar Accounts Service, inasmuch as either in Rule of 2000 or even in the amended Rule there is a specific requirement of the candidates intending to be recruited for the post of Bihar Accounts Service should have Bachelor degree in Commerce, Economics, Mathematics and Statistics from a recognized institution or an institution affiliated to it. As a matter of fact on 13.1.2011 when the selection process had commenced for 257 post of 14 State services by issuance of advertisement for 53rd, 54th and 55th Combined Competitive Examination the requirement of qualification in the Bihar Accounts Service Cadre Rules had read as follows: 21 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P21/56 “Qualification for direct recruitment to the Basic grade of the Bihar Accounts Service Essential qualification required:- Bachelors‟ degree in Commerce, Economics, Mathematics or Statistics from a recognized university or an institution affiliated to it. Note :- While recommending candidates for the Bihar Accounts Service from amongst the successful in the written examination, the Commission shall give preference to graduates in commerce or those having qualification in chartered accountancy/ cost accountancy. The Commission shall determine objective criteria and notify the same in the advertisement for recruitment.”

27. In view of above separate qualification prescribed for the Bihar Accounts Service this Court is not in a position to accept the submission of Mr. Lalit Kishore that a candidate could have understood that if he was a graduate in any discipline he was also in a position to compete for the post of Bihar Accounts Service. In fact the position as with regard to qualification remained the same till the date of closure of the last date of filing application for 53rd, 54th and 55th Combined Competitive Examination i.e.

14.2.2011.

28. As a matter of fact even when the amendment in Bihar Accounts Service Cadre Rules, 2000 was made on 22.2.2011 and was published in the Bihar Gazette on 24.2.2011 there was no change in qualification inasmuch as the amended Rules while 22 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P22/56 deleting Schedule III had still required the candidates to essentially possess Bachelor degree in Commerce, Economics, Mathematics or Statistics. Thus, even the qualification Clause of 53rd,54th and 55th Combined Competitive Examination in the advertisement dated

13.1.2011 could not have been made applicable by the assumption that since every graduate could file an application the specific requirement of qualification meant for Bihar Accounts Service was also covered by it.

29. There is yet another facet which would expose the claim of the Commission that the post of Bihar Accounts Service could not have been included in the selection process already undertaken by the advertisement dated 13.1.2011. In this regard it has to be noted that though by the amendment in the Rule direct recruitment to the post of Bihar Accounts Service could be made by the Combined Competitive Examination but unlike all other 14 services there was special qualification included either in the un-amended or amended Rules of Bihar Accounts Service Cadre Rules, namely, that the candidates having Bachelor degree in Commerce, Economics, Mathematics or Statistics had compulsorily appear at least in one of the said subject as an optional subject. This was a marked departure from the requirement of the advertisement in respect of other 14 services which were made 23 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P23/56 subject matter of 53rd, 54th and 55th Combined Competitive Examination.

30. As noted above, 1951 Rules under Rule 15 lays down that the examination shall be held according to the syllabus specified in Appendix „D‟ to the Rules and when Appendix „D‟ is perused it can be found that there are two types of subjects, namely, compulsory and optional. In compulsory subjects under 1951 Rules there are only General English, General Knowledge, Elementary General Science and General Hindi and even in Optional subject which has been categorized as Group A Language and Literature, Group B History, Geography, Economics, Political Science, Philosophy, Psychology, Sociology and Labour and Social Welfare, Group C Public Administration, International Law, Hindu Law, Group D Mathematics, Physics, Chemistry, Botany, Geology, Zoology, Accounts, Statistics and Agriculture, do not contemplate any candidate to opt compulsorily for Mathematics, Statistics, Economics and Commerce. In fact the requirement of the Combined Competitive Examination under Appendix D is an every candidate must appear in the compulsory group of General English, General Knowledge, Elementary General Science and General Hindi and also opt three subjects from the Optional groups not more than two any one group, namely, Group B, C and D. In fact when 24 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P24/56 1951 Rules even do not provide for the subject of Commerce in any of the group and the subject of Accounts finds place in Group D alongwith Mathematics and Statistics whereas subject of Economics is included in Group B, it would be difficult to even envisage that when the selection process had commenced the posts of Bihar Accounts Service could have been made subject matter of 53rd, 54th and 55th Combined Competitive Examination.

31. In this regard it has to be noted that the State Government by a resolution dated 31.7.1992 had done away with the concept of compulsory qualification in a particular subject in graduation for making it homogenous and uniform. In fact prior to

31.7.1992 even for filling up the post of Bihar Finance Service by way of Combined Competitive Examination there was a requirement that the candidate must have completed his graduation with either Economics or Commerce, whereas for Bihar Labour Service it was compulsory to have completed graduation with subject of Labour and Social Welfare and for Bihar Jail Service graduation in subject of Sociology or Psychology, inasmuch as the candidates intending to opt for these three services were required to appear in the subject of Economics or Commerce, Labour and Social Welfare, Sociology and Psychology in the aforesaid three services. 25 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P25/56

32. The aforesaid practice prevalent from 1951 to 1991, however was sought to be done away by the resolution dated

31.7.1992 of the State Government on the ground that due to prescription of the specific subject for the three services either the post were not being filled up or at times several meritorious candidates were being deprived from getting their appointment. In the concept of Combined Civil Services examination conducted by the Union Public Service Commission was also made the basis for doing away the requirement of the candidate appearing in the Combined Competitive Examination to appear in a specified subject for a particular category of service. This would become more clear on perusal of the aforesaid Government resolution dated

31.7.1992 which again for the sake of clarity is quoted hereinbelow: “fcgkj ljdkj dkfeZd ,oa iz”kklfud lq/kj foHkkx ladYi iVuk& 15] fnukad 31 tqykbZ] 1992- fo’k;%& fcgkj yksd lsok vk;ksx }kjk vk;ksftr la;qDr izfr;ksfxrk ijh{kk esa fcgkj foRr lsok] fcgkj Je lsok ,oa fcgkj tsy lsok ds inksa ij fu;qfDr gsrq vfuok;Z :i ls fy;s tkus okys fo’k;ksa ds izfrcU/k dks gVkus ds laca/k esasA fcgkj yksd lsok vk;ksx }kjk vk;ksftr la;qDr izfr;ksfxrk ijh{kk esa dqN inksa ij fu;qfDr gsrq dqN fo’k;ksa dks vfuok;Z :i ls j[kus dk izko/kku gS] ;Fkk fcgkj foRr lsok ds fy;s vFkZ”kkL= ;k okf.kT;] fcgkj Je lsok ds fy;s Je ,oa lekt dY;k.k] fcgkj tsy lsok ds fy;s lekt”kkL= ;k euksfoKkuA ¼d½ fo’k; izfrcU/k ds dkj.k gj o’kZ cgqr ls es/kkoh Nk=ksa dks leku volj ls oafpr gks tkuk iM+rk gSA 26 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P26/56 ¼[k½ bl izfrca/k ds dkj.k [kqysa inksa esa ,oa fo’k; ds vk/kkj ij izfrcaf/kr inksa esa tks --------vH;kFkhZ lQy gksrs gSa muesa es/kk lwph esa cgqr vUrj jgus ij Hkh led{k inksa ij fu;qfDr gks tkrh gS vkSj maph es/kk ds vH;FkhZ led{k inksa ij fu;qfDr ugha gks ikrs gSa D;ksafd izfrcaf/kr inksa ds vfuok;Zrk ds dkj.k mu ij fopkj ugha fd;k tkrk gSA …x‰ la?k yksd lsok vk;ksx }kjk yh tkus okyh la;qDr izfr;ksfxrk ijh{kk esa fdlh Hkh in ds fy;s fo’k; dh vfuok;Zrk ugha gSA blh izdkj jkT; ds vU; duh; lsokvksa esa fcgkj jkT; voj lsok p;u i’kZn }kjk Hkh fdlh fo’k; dh vfuok;Zrk ugha j[kh xbZ FkhA ¼?k½ ;nkdnk fo’k; dh vfuok;Zrk ds dkj.k lacaf/kr in iwjh la[;k esa ugha Hkjs tkrs gSa ,oa dqN in fjDr jg gh tkrs gSaA 2- mi;qZDr of.kZr fLFkfr esa jkT; ljdkj us fu.kZ; fy;k gS fd fcgkj yksd lsok vk;ksx }kjk vk;ksftr ijh{kkvksa esa in fo”ks’k gsrq fof”k’V fo’k; dh vfuok;Zrk dks lekIr dj fn;k tk;A vkns”k%& vkns”k fn;k tkrk gS fd ;g ladYi fcgkj jkti= esa izdkf”kr fd;k tk; rFkk bldh izfr;k¡ ljdkj ds lHkh foHkkx@foHkkxk/;{k@fcgkj yksd lsok vk;ksx] iVuk dks Hksth tk;A fcgkj jkT;iky ds vkns”k ls g0@& vLi’V ¼v”kksd dqekj pkS/kjh½ ljdkj ds lfpoA”

33. A question would, therefore, arise that if a departure from the aforesaid decision contained the Government resolution dated 31.7.1992 was to be again made, as is sought to be made by amending provision of Bihar Accounts Service Cadre Rules, 2000, was it not necessary for the Commission to include this aspect in its initial advertisement dated 13.1.2011 specifying that though for other services there would be no requirement for appearing in a specified subject but so far the post of Bihar Accounts Service is concerned, a candidate will have to opt for the subject of Mathematics, Commerce, Economics or Statistics. This, however, 27 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P27/56 was not done and in fact could not have done on 13.1.2011 when the advertisement for the 53rd to 55th combined competitive examination commending the process of selection had been initiated because as noted above Bihar Account Service Rules 2000 were still containing unamended provisions and the ammendment in the aforesaid Rules were brought into force only on 24.02.2011.

34. This Court, however in this regard must examine one more submission of Mr. Lalit Kishore in defence of the action of the Commission wherein he had sought to explain that the exercise for requirement of appearing in Mathematics, Commerce, Statistics or Economics was to be actually undergone at the stage of the main examination on the basis of result of the preliminary test and therefore, that by itself cannot be said to have prejudiced any candidate intending to compete for the post of Bihar Accounts Service in understanding that those posts could not have been filled up on the basis of advertisement dated 13.1.2011. He has also explained that in terms of the advertisement dated 13.1.2011 the preliminary test was conducted on 17.4.2011 and thereafter on declaration of result of preliminary impugned advertisement for the main examination had been issued on

10.1.2012 by also including the 100 posts of Bihar Accounts Service and in that background the Commission‟s decision for 28 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P28/56 including those 100 posts of Bihar Accounts Service cannot be held to be bad.

35. This Court, however, is not in a position to accept even this submission of Mr. Lalit Kishore, learned Senior counsel, because whatever has been published by way of advertisement for the main examination on 10.1.2012 is only in continuation to the earlier advertisement published on 13.1.2011. It has to be noted that the decision for holding 53rd,54th and 55th Combined Competitive Examination was taken by the State Government on 6.8.2010 and the Commission had advertised those post as requisitioned by the State Government on 13.1.2011 making it very clear that there will be a preliminary examination and the candidates declared successful in the preliminary examination would be eligible for appearing in the main examination. This would become more clear from Clause 8, 9 and 10 of the advertisement dated 13.1.2011 which reads as follows: “8- es/kk lwph % mi;qZDr jkT; lsok@laoxZokj ,oa vkj{k.k dksfVokj mi;qZDr lfEefyr la;qDr izfr;ksfxrk ijh{kk dh lesfdr] ,dhd‘r fjfDr;ksa dks Hkjus ds fufe(cid:217)k] lfEefyr la;qDr …eq[;‰ izfr;ksfxrk ijh{kk ds lQy vH;fFkZ;ksa dh fofgr] fdUrq lesfdr] ,dhd‘r es/kklwph izdkf”kr dh tk;xh] rFkk mudh vUrohZ{kk i”pkr~ vfUre ijh{kkQy Hkh lesfdr] ,dhd`r fdUrq lsok@laoxZokj ,oa vkj{k.k dksfVokj es/kkØe esa gh fuxZr@idkf”kr fd;k tk;sxkA 9- izkjfEHkd ijh{kk % … i‰ lfEefyr] la;qDr …izkjfEHkd‰ izfr;ksfxrk ijh{kk olrqfu’B ,oe~ 150 vadksa dh ,dy fo’k;] lkekU; v/;;u] esa 2 ¼nks½ ?kaVksa dh gksxhA iz”uokj cgqfodYih; mÙkjksa esa ls iz”uokj fdlh ,d mÙkj dk 29 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P29/56 p;u visf{kr gksxkA … ii½ bl izkjfEHkd ijh{kk esa lkekU; foKku] jk’Vªh; rFkk vUrjkZ’Vªh; egRo dh lelkef;d ?kVuk,a] Hkkjr dk bfrgkl rFkk fcgkj ds bfrgkl dh izeq[k fo”ks’krk,a] lkekU; Hkwxksy] fcgkj ds izeq[k HkkSxksfyd izHkkx rFkk ;gka dh egRoiw.kZ ufn;ka] Hkkjr dh jkT; O;oLFkk vkSj vkfFkZd O;oLFkk] vktknh ds i”pkr~ fcgkj dh vFkZ&O;oLFkk ds izeq[k ifjorZu] Hkkjr dk jk’Vªh; vkUnksyu rFkk blesa fcgkj dk ;ksxnku ,oe~ lkekU; ekufld ;ksX;rk dks tkapus okys iz”u gksaxsA …iii‰ bl izkjfEHkd ijh{kk ds v/khu mEehnokjksa dk ,d gh ijh{kkQy] vuqorhZ lfEefyr la;qDr ¼eq[;½ izfr;ksfxrk ijh{kk ds fufeÙk ?kksf’kr fd;k tk;sxkA bl fufe(cid:217)k] dkfeZd ,oe~ iz”kklfud lq/kkj foHkkx] fcgkj dh ladYi la[;k 2374] fnukad 16-07-2007 ds vkyksd esa izkjfEHkd ijh{kk esa lkekU; oxZ ds fy, 40%] fiNM+k oxZ ds fy, 36-5%] vR;Ur fiNM+k oxZ ds fy, 34%] vuqlwfpr tkfr@tutkfr ,oe~ efgykvksa ds fy, 32% vgZrkad izkIr djuk vfuok;Z gksxk vU;Fkk os izfr;ksfxrk ls ckgj gks tk,axsA 10- mDr lQy mEehnokjksa ls lfEefyr] la;qDr …eq[;‰ izfr;ksfxrk ijh{kk ds fy, vyx ls] iqu% lle;] vkosnu vkefU=r fd;s tk;saxsaA izkjfEHkd ijh{kk ,oe~ eq[; ijh{kk ds vkosnuksa esa nh x;h lwpukvksa esa fHkUurk gksus dh fLFkfr esa vkosnd dks eq[; ijh{kk esa lfEefyr gksus ls oafpr fd;k tk ldrk gSA” (underlining for emphasis)

36. A bare reading of the aforesaid portion of advertisement dated 13.1.2011 initiating the process of selection for 53rd to 55th Combined Competitive Examination will leave nothing for speculation that the main examination was part of the selection process which had already commenced on 13.1.2011 by advertisement for 53rd,54th and 55th Combined Competitive Examination for 14 specified services. Had it been not so there was no requirement for the Commission to specify the provision of merit in Clause 8 in the advertisement dated 13.1.2011 to be based 30 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P30/56 on candidates qualifying in the preliminary test and also declared successful in the main written test as also the interview thereafter to be the basis for preparation of merit list and the selection and appointment for 14 services made part of 53rd, 54th and 55th Combined Competitive Examination.

37. Additionally, Clause 9(iii) specifying the manner of declaration of result of preliminary test and holding of the main examination as also provision made in Clause 10 of the advertisement clearly stipulating the disqualification clause of a candidate giving different particular in the application submitted for the preliminary test vis-à-vis in the main examination by itself would be sufficient to indicate that the main examination could not have been segregated only for the purposes of including 100 post of Bihar Accounts Service.

38. Based on the aforementioned threadbare analysis of the scope and prospect of the preliminary and the main examination also this Court is satisfied that the post of Bihar Accounts Service could not have been made part of the selection process of 53rd,54th and 55th Combined Competitive Examination even in terms of the amended Rules which as noted above was only prospective in nature.

39. This aspect can be viewed even from another angle. 31 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P31/56 As noted earlier the qualification of age in the advertisement dated

13.1.2011 commencing the process of selection of the 53rd and 55th combined competitive examination for three different years namely 2007, 2008 and 2009 the cut-off date for determining age for 53rd Combined Competitive Examination was 1.8.2007 whereas it was 1.8.2008 and 1.8.2009 for 54th and 55th Combined Competitive Examination. The requisition of 100 posts of Bihar Accounts Service, however, was made on 12.7.2011 and therefore, the candidate‟s age for the Bihar Accounts Service could not have been subjected to norms already advertised for 53rd, 54th and 55th Combined Competitive Examination.

40. It is also not in doubt that the requisition for 100 posts of Bihar Accounts Service was made in two phases, initially on 28.5.2009 when cadre Rules were un-amended and at that point of time only 54 posts were requisitioned. The Commission, however, could not issue advertisement and hold the separate examination for this 54 posts of Accounts Officer in terms of Rule 11 and subsequently on 12.7.2011 the number of such posts were increased from 54 to 100. For such posts which were definitely after the cut-off date of 55th Combined Competitive Examination, neither the Government could have pressed nor the Commission could have acceded to include even those post within the ambit of 53rd, 32 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P32/56 54th and 55th Combined Competitive Examination for which selection process had already commenced on 13.1.2011.

41. In this regard it is very significant to mention here that after the selection process of 53rd, 54th and 55th Combined Competitive Examination had already commenced by way of advertisement issued on 13.1.2011 the Principal Secretary, Finance had written letter to the Secretary of Bihar Public Service Commission on 4.2.2011 on the subject of appointment on the post of Accounts Officer in the Bihar Accounts Service wherein he had suggested the Commission to include 54 post of Bihar Accounts Service within the ambit of Combined Competitive Examination on the ground that the Government was contemplating to make amendment in the Rules. The aforesaid letter of the Principal Secretary Finance dated 4.2.2011 reads as follows: “izs’kd] jkes”oj flag] iz/kku lfpoA lsok esa] lfpo] fcgkj yksd lsok vk;ksx] iVukA iVuk] fnukad& 4-2-2011 fo’k;%& fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds fu;qfDr ds laca/k esaA izlax%& foHkkxh; i=kad 4617 fnfukad 28-05-09] i=kad 12319 fnukad 29-12-09] 3958 fnukad 09-04-10 ,oa i=kad 14026 fnukad 15-12-10 egk”k;] mi;qZDr fo’k; ds laca/k esa dguk gS fd mij vafdr fo(cid:217)k foHkkxh; i= }kjk fcgkj ys[kk lsok vurxZr 54 …pkSou‰ ys[kk inkf/kdkfj;ksa dh fu;qfDr gsrq izfr;ksfxrk ijh{kk vk;ksftr dj lQy mEehnokjksa ds ukeksa dh vuq”kalk djus gsrq vuqjks/k fd;k x;k FkkA bl dze esa dguk gS fd fcgkj yksd lsok 33 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P33/56 vk;ksx }kjk lapkfyr dh tkus okyh la;qDr izfr;ksfxrk izkjafHkd ,oa eq[; ijh{kk }kjk gh fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkfj;ksa dh fu;qfDr gsrq Hkh ijh{kk vk;ksftr djk;h tk;A muds fy, vFkZ”kkL=] okf.kT;] xf.kr ;k lkaf[;dh dk Lukrd gksus vkSj buesa ls ,d fo’k; eq[; ijh{kk esa j[kus dh “krZ j[kh tk,A bl fufeÙk fcgkj ys[kk lsok fu;ekoyh] 2000 esa vko”;d la”kks/ku dh dkjZokbZ dh tk jgh gSA fo”oklHkktu g0@& vLi’V ¼jkes”oj flag½ iz/kku lfpoA ” (underlining for emphasis)

42. The Commission, however, did not accede to the aforesaid request of the Principal Secretary Finance and rightly so because it had already been issued the advertisement for 53rd, 54th and 55th Combined Competitive Examination on 13.1.2011 at a point of time when amendment in the Bihar Accounts Service Cadre Rules, 2000 for filling up the posts of Bihar Accounts Services by the common combined competitive examination was not made. As a matter of fact when such ammendment was made on

22.2.2011 and before it could have been published in the official gazette the Principal Secretary, Finace vide his letter no. 1531 dated

22.2.2011 had again written to the Secretary of the Commission for for including the posts of Bihar Accounts Service in the 53rd to 55th Combined Competitive Examination and had enclosed Government notification dated 22.2.2011 with regard amendment in the cadre Rules. 34 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P34/56

43. The Commission on its part which had already advertised for 53rd, 54th and 55th Combined Competitive Examination on 13.1.2011 and in fact last date of filing application was over by 14th February, 2011 had not accepted the aforesaid proposal dated 22.2.2011 but then had given a lease of life to the same by writing back to the Principal Secretary, Finance on

25.02.2011 seeking further clarification as to how after abolition of the concept of compulsory appearance of a candidate in a specific subject in the Combined Competitive Examination as also qualification for the Combined Competitive Examination being only graduate by which Combined Competitive Examination 54 post of Bihar Accounts Service could be filled up. This aforesaid letter dated 25.2.2011 of the Commission reads as follows: “i= la[;k& 8@fo0iz0&01&21@2009 …3116‰@yks0ls0vk0] fcgkj yksd lsok vk;ksx iVuk] fnukad& 25-2-11 izs’kd] ijh{kk fu;a=d&lg&vij lfpo] fcgkj yksd lsok vk;ksx] iVukA lsok esa] iz/kku lfpo] foRr foHkkx] fcgkjA fo’k;%& fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr ds lEcU/k esaA izlax%& Hkonh; i=kad& 1036] fnukad 04-02-2011 ,oa i=kaad 1550 fnukad& 22-02-2011 egk”k;] funs”kkuqlkj mi;qZDr fo’k;d izlaxof.kZr i=ksa ds lanHkZ esa dguk gS fd dkfeZd ,oa iz”kklfud lq/kkj foHkkx] fcgkj ds ladYi Kkikad&6304 35 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P35/56 fnukad 31-07-1992 …Nk;k izfr layXu‰ }kjk fcgkj yksd lsok vk;ksx }kjk vk;ksftr ijh{kkvksa esa in fo”ks’k gsrq fof”k’V fo’k; dh vfuok;Zrk dks lekIr dj fn;k x;k gSA ;gk¡ ;g Hkh mYys[kuh; gS fd vk;ksx }kjk vk;ksftr la;qDr izfr;ksfxrk ijh{kk ds fy, “kSf{kd ;ksX;rk&fdlh ekU;rk izkIr fo”ofo|ky; ls Lukrd vFkok led{k mikf/k izkIr gksuk gh fu/kkZfjr gSA vuqjks/k gS fd of.kZr rF;ksa ds vkyksd esa vxzrj dkjZokbZ djus dh d`ik dh tk,A lkFk gh] ;g Hkh Li’V fd;k tk; fd foHkkxh; i=kad& 4617] fnukad& 28-05-2009 }kjk vf/k;kfpr inksa dks fdl la;qDr izfr;ksfxrk ijh{kk ls Hkjk tk,xkA vuqyXud%& ;FkksDrA fo”oklHkku] g0@& vLi’V 25-2-11 ijh{kk fu;a=d&lg&vij lfpo”

44. This Court fails to understand the logic of the Commission writing back to the Principal Secretary when it had already found the ammendment in the Bihar Accounts Service Rules were prospective and its unammended Rules had required holding of separate examination for specified subjects by inviting application from amongst the candidates having qualification of Bachelor's degree in Commerce, Economics, Mathematics and Statistics. It is thus clear it is the Commission which had already started bending when the Principal Secretary Finance had merely asked the Commission to begin its exercise of crawling. Infact there was no need for the Commission to even ask from the Principal Secretary, Finace as to from which Combined Competitive Examination the 54 posts of Bihar Accoutns Service requisitioned 36 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P36/56 on 28.5.2009 were to be filled up inasmuch such decision was to be taken exclusively by the Commission itself in keeping the existing Service Rules which were in force on 28.5.2009.

45. From the records it is also clear that the issues raised in the aforesaid letter dated 25.02.2011 by the Commission gave an opportunity to the Prinicipal Secretary to make inroads in the authority of the Commission who somehow by referring to the ammendment in Bihar Accounts Service Rules on 22.2.2011 had gone to suggest that 54 requisitioned posts on 28.5.2009 should be filled up from the next "Aagami" Combined Competitive Examination. Infact the Principal Secretry, Finance in his letter to the Commission on 16.03.2011 had writen as follows:-: “izs’kd] jkes”oj flag] iz/kku lfpoA lsok esa] ijh{kk fu;a=d&lg&vij lfpo] fcgkj yksd lsok vk;ksx] iVukA iVuk] fnukad 16-3-2011 fo’k;%& fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr ds lEcU/k esaA izlax%& vkidk i=kad 3116] fnukad 25-02-2011- egk”k;] mi;qZDr fo’k;d foHkkxh; i=kad 1531] fnukad 22-02-11 dk Lej.k djsa] ftlds }kjk fcgkj ys[kk lsok fu;ekoyh esa vko”;d la”kks/ku ds i”pkr~ fuxZr vf/klwpuk la0 1528 fnukad 22-02-11 dk izs’k.k fd;k x;k FkkA vkids iz”uxr i= ds laca/k es a fLFkfr Li’V djrs gq, dguk gS fd lkekU; iz”kklu foHkkx dh lgefr ds i”pkr~ mi;qZDr la”kks/ku eaf=ifj’kn~ ds fu.kZ; ls gqvk gSA vr% bls ykxw djus esa dksbZ oS/kkfud vM+pu ugha gSA ;g Hkh Li’V djuk gS fd foHkkxh; i=kad 4617 fnukad 28-05-2009 37 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P37/56 }kjk vf/k;kfpr inksa dks fcgkj yksd lsok vk;ksx }kjk lapkfyr dh tkus okyh vkxkeh la;qDr izfr;ksfxrk ijh{kk ls Hkjus dh dkjZokbZ dh tk;A fo”oklHkku] g0@& vLi’V 15-3-2011 ¼jkes”oj flag½ iz/kku lfpoA” (underlining for emphasis)

46. It thus becomes clear to this Court that the contents of the aforesaid letter of the Principal Secretary, Finance dated

16.3.2011 became the proclaimation for the Commission inasmuch it had abdicated its independent authority vested to it under Article 320 of Constitution of India by succumbing to the mounting Government pressure being created by the repeated letters of the Principal Secretary Finance inasmuch as it is found that on 2.5.2011 the Full Bench of the Commission had taken a decision to include 54 posts of Bihar Accounts Service for making it 53rd, 54th and 55th Combined Competitive Examination and the proceeding of the Full Bench of the Commission dated 2.5.2011 in this regard reads as follows: “lkseokj] fnukad 02-05-2011 dks 12-00 cts e/;kà vkgwr vk;ksx dh iw.kZ ihB dh o’kZ& 2011 dh lkroha cSBd dh dk;Zokgh ls lacaf/kr ladYi dh Nk;kizfr%& dk;kZoyh la0& 06% fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds inksa ij fu;qfDr gsrq izkIr vf/k;kpuk ds lEcU/k esaA ladYi% mi;qZDr ,rn~fo’k;d lys[k ,oa layXu dkxtkr ds voyksdu ,oa fopkjksijkUr vk;ksx dks Li’V gqvk fd vk;ksx ds i=kad& 3116@yks-ls-vk-] fnukad& 25-02-2011 }kjk iz/kku lfpo] fo(cid:217)k foHkkx] fcgkj ls laxr fcgkj ys[kk lsok fu;ekoyh esa fof”k’V fu;e dh vfuok;Zrk ds ifjizs{; esa ekxZn”kZu ekaxk x;k Fkk fd vk;ksx }kjk vk;ksftr la;qDr izfr;ksfxrk ijh{kk ds lEcU/k esa dkfeZd ,oa iz”kklfud lq/kkj foHkkx] fcgkj ds ladYi Kkikad& 8304] 38 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P38/56 fnukad 31-07-1992 }kjk fcgkj yksd lsok vk;ksx }kjk vk;ksftr la;qDr izfr;ksfxrk ijh{kk esa in fo”ks’k gsrq fof”k’V fo’k; dh vfuok;Zrk dks lekIr dj fn;k x;k gS rFkk ;g Hkh li’V djus dk vuqjks/k fd;k x;k Fkk fd foHkkxh; i=kad& 4617] fnukad 28-05-2009 }kjk fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr gsrq vf/k;kfpr fjfDr;ksa dks fdl izfr;ksfxrk ijh{kk ls Hkjk tk,xkA mlds izR;q(cid:217)kj esa iz/kku lfpo] fo(cid:217)k foHkkx] fcgkj ljdkj }kjk vius i=kad& 2410 fo0…2‰] fnukad 16-03-2011 }kjk lwfpr fd;k x;k gS fd fcgkj ys[kk lsok fu;ekoyh esa vko”;d la”kks/ku ds i”pkr fuxZr vf/klwpuk la[;k& 1528] fnukad 22-02-2011 dk izs’k.k fd;k x;k FkkA lkFk gh muds }kjk Li’V fd;k x;k gS fd lkekU; iz”kklu foHkkx] fcgkj dh lgefr ds i”pkr mi;qZDr la”kks/ku eaf=ifj’kn ds fu.kZ; ls gqvk gS] vr% bls ykxw djus esa dksbZ oS/kkfud vM+pu ugha gSA muds }kjk ;g Hkh Li’V fd;k x;k gS fd foHkkxh; i=kad& 4617] fnfukad 28-05-2009 }kjk vf/k;kfpr inksa dks fcgkj yksd lsok vk;ksx }kjk lapkfyr dh tkus okyh vkxkeh izfr;ksfxrk ijh{kk ls Hkjus dh dkjZokbZ dh tk;A iz/kku lfpo] foÙk foHkkx] fcgkj }kjk lalwfpr mi;qZDr Li’Vhdj.k ds vkyksd esa fu.kZ; fy;k tkrk gS fd foHkkxh; i=kad& 4617] fnukad 28-05-2009 }kjk fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr gsrq izkIr fjfDr;ksa dks 53oha ls 55oha lfEefyr la;qDr izfr;ksfxrk ijh{kk] 2011 ds v/khu Hkjus gsrq vko”;d dkjZokbZ dh tk;A eq[; ¼fyf[kr½ ijh{kk gsrq izdkf”kr gksus okys foKkiu esa bldk Li’V mYys[k fd;k tk;A” (underlining for emphasis)

47. It, thus, becomes clear that only because the Principal Secretary, Finance had in his letter dated 16.3.2011 asked the Commission for undertaking selection process for 54 post of next "(Aagami)" Combined Competitive Examination Commission somehow had taken a decision to include them in 53rd to 55th Combined Competitive Examination. It has to be however kept in mind that by this time not only the advertisement dated

13.1.2011 for 53rd to 55th Combined Competitive Examination had led to filing of the application of the candidates for which last date 39 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P39/56 was upto 14.2.2011 but even the preliminary test was already held on 17.4.2011 and its result had also been declared by the Commission.

48. This Court, therefore, will have no difficulty in holding that the Commission had taken an illegal decision on

2.5.2011 only on the pressure exerted by the Principal Secretary, Finace by his letter dated 16.3.2011 asking the Commission to fill up 54 posts of Bihar Accounts Service on the basis of next "(Aagami)" Combined Competitive Examination instead of taking a firm decision that since the process of selection of 53rd and 55th Combined Competitive Examination was already in the midway the "Aagami" i.e. next Combined Competitive Examination could only be the 56th Combined Competitive Examination.

49. This Court infact fails to understand the logic of uncanny hurry shown by the Principal Secretary, Finance in filling up 54 posts of Bihar Finance Service on 16.3.2011 when he had allowed the matter to remain in cold storage for almost two years inasmuch as the requisition sent for those 54 posts had remained pending in Commission since 28.5.2009. It is still unfortunate to note that though the Commission was also aware that it had not issued advertisement and held examination for filling up the posts of Bihar Accounts Servcie since 2000, it also chose to act in haste 40 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P40/56 by taking its decision on 2.5.2011 only in view of letter of Principal Secretary, Finance dated 16.3.2011.

50. What really makes the issue still worse is that the Commission had also acceded to subsequent pressure of the Principal Secretary, Finance exerted in his letter dated 12.7.2011 wherein 54 post of Accounts Officer of the Bihar Accounts Service were curiously increased by him to 100 by his letter dated

12.7.2011 which is also quoted hereinbelow: “izs’kd] jkes”oj flag] iz/kku lfpoA lsok esa] lfpo] fcgkj yksd lsok vk;ksx] iVukA iVuk] fnukad 12-7-2011 fo’k;%& fcgkj yksd lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr ds lEcU/k esaA izlax%& foHkkxh; i=kad 4617 fnukad 28-05-2009] i=kad 12319 fnukad 29-12-09] i=kad 3953 fnukad 09-04-10] i=kad 14026 fnukad 15-12-2010 ,oa i=kad 2410 fnukad 16-03-2011- egk”k;] mi;qZDr fo’k; ds laca/k esa dguk gS fd ¯ij vafdr fo(cid:217)k foHkkxh; i= }kjk fcgkj ys[kk lsok vUrxZr ewy dksfV ds 54 inkf/kdkfj;ksa dh fu;qfDr gsrq izfr;ksfxrk ijh{kk vk;ksftr dj lQy mEehnokjksa ds ukeksa dh vuq”kalk djus gsrq vuqjks/k fd;k x;k FkkA bl (cid:216)e esa dguk gS fd fcgkj ys[kk lsok vUrxZr ewy dksfV ds 54 …pkSou‰ inkf/kdkfj;ksa dh la[;k c<+kdj 100 …,d lkS‰ inkf/kdkfj;ksa dh fu;qfDr gsrq izfr;ksfxrk ijh{kk vk;ksftr dj lQy mEehnokjksa ds ukeksa dh vuq”kalk djus dh d`ik dh tk;A inksa dh vkj{kjuokj la[;k fuEuor~ gSa%& …d‰ vukjf{kr & 50 in …[k‰ vuqlwfpr tkfr & 15 in …x‰ vuqlwfpr tu&tkfr & 01 in …?k‰ fiNM+k oxZ & 13 in …,d in cSd ykWx ds :i esa‰ 41 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P41/56 …M+‰ vR;Ur fiNM+k oxZ & 18 in …p‰ fiNM+s oxksZa dh efgyk & 03 in …SC/ST/MBC/BC dh efgyk,a‰ dqy & 100 in d‘i;k bls izkFkfedrk nh tk;A fo”oklHkku] g0@& vLi’V 12-7-2011 ¼jkes”oj flag½ iz/kku lfpoA”

51. From this requisition, now of 100 posts of Accounts Officer dated 12.07.2011 it would be clear that it was now the Principal Secretary, Finance who on acquiring knowledge of the aforesaid decision of the Full bench of the Commission dated

2.5.2011 of including 54 posts for selection on the basis of 53rd to 55th combined competitive examination was calling the shots by virtually directing the Commission in the garb of his request for including 100 posts of Bihar Accounts Service in the 53rd to 55th combined competitive examination and it is still unfortunate for this Court to note that the Commission also had made them part of 53rd, 54th and 55th Combined Competitive Examination as would be evidenced from the relevant part of the impugned advertisement of the main examination dated 10.1.2012 reading as follows: “fcgkj yksd lsok vk;ksx 15] tokgj yky usg: ekxZ …csyh jksM‰] iVuk& 800001 15oha ls 55oha lfEefyr la;qDr …eq[;‰ izfr;ksfxrk ijh{kk] 2011 53oha ls 55oha lfEefyr la;qDr …izkjfEHkd‰ izfr;ksfxrk ijh{kk gsrq izdkf”kr foKkiu ds vkyksd esa fnukad 17-04-2011 dks lEiUu …izkjafHkd‰ ijh{kk esa ekuuh; mPp U;k;ky; ds U;k;kns”k fnukad 04-01-2012 ds vuqikyu esa vfrfjDr lQy ?kksf’kr mEehnokjksa] ftuesa lkekU; dksfV ¼01½ 42 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P42/56 ds 2265] vuqlwfpr tkfr …02‰ ds 779] vuqlwfpr tutkfr …03‰ ds 32] vR;Ur fiNM+k oxZ …04‰ ds 932] fiNM+k oxZ …05‰ ds 1304] fiNM+s oxZ dh efgyk …06‰ dksfV ds 130 mEehnokj dqy 5442 ftlesa 72 fodykax mEehnokjksa lfØfgr gSa] ls eq[; ijh{kk gsrq vkosnu vkeaf=r fd, tkrs gSA lkFk gh fo(cid:217)k foHkkx] fcgkj ds i=kad& 635] fnukad 12-07-2011 }kjk fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr gsrq 100 fjfDr;k¡ lalwfpr dh x;h gSa] ftlds lEcU/k esa foHkkxh; i=kad& 2410 fo-…2‰] fnukad 16-03-2011 }kjk Li’V fd;k x;k gS fd lkekU; iz”kklu foHkkx] fcgkj dh lgefr ls fcgkj ys[kk lsok fu;ekoyh esa vko”;d la”kks/ku ds vkyksd esa vkxkeh la;qDr izfr;ksfxrk ijh{kk ls Hkjus dh dkjZokbZ djuh gSA mDr vkyksd esa fcgkj ys[kk lsok vUrxZr ys[kk inkf/kdkjh ds in ij fu;qfDr gsrq izkIr fjfDr;ksa dks 53oha ls 55oha lfEefyr la;qDr izfr;ksfxrk ijh{kk ds vUrxZr fuEufyf[kr “kÙkksZa ds lkFk lekfgr fd;k tkrk gS%& **fcgkj ys[kk lsok ds v/khu ewy in ij fu;qfDr gsrq vH;fFkZ;ksa dks fdlh ekU;rkizkIr fo”ofo|ky; ;k mlls lEc) laLFkk ls okf.kT;] vFkZ”kkL=] xf.kr ;k lkaf[;dh esa Lukrd dh fMxzh izkIr gksuk vfuok;Z gksxk rFkk eq[; ijh{kk esa ,sfPNd fo’k; ds :i esa mDr fo’k;ksa esa ls ,d fo’k; ysuk vfuok;Z gksxkA** eq[; …fyf[kr‰ ijh{kk ds vk;kstu dh vof/k ds lEcU/k esa vyx ls lwpuk nh tk;sxhA fyf[kr ijh{kk pkj fo’k;ksa dh gksxh] ftlesa nks vfuok;Z fo’k; Øe”k% lkekU; fgUnh & 100 vad & rFkk lkekU; v/;;u ¼nks i=½] izR;sd i= 200 vadksa ds gksaxsA blds vfrfjDr fuEukafdr oSdfYid fo’k;ksa esa ls fdUgha nks fo’k;ksa dks ,sfPNd fo’k; ds :i esa j[kuk vfuok;Z gSA fcgkj ys[kk lsok ds fy, mEehnokjksa dks okf.kfT;d “kkL= rFkk ys[kk fof/k] vFkZ”kkL=] xf.kr vFkok lkaf[;dh esa ls ,d fo’k; ysuk vfuok;Z gksxkA” (undertaking for emphasis)

52. A question would, therefore, arise as to how and on what basis the Commission had firstly included 100 post of Bihar Accounts Service requisitioned on 12.7.2011 in the selection process which had already commenced on 13.1.2011? As has been already held above the main examination was part of the selection process undertaken on 13.1.2011 and the Commission, therefore, 43 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P43/56 was wholly unjustified in including 100 post of Bihar Accounts Service in 53rd to 55th Combined Competitive Examination. The Commission while doing so had clearly contravened the provisions of amended Rule 11 brought into force on 22nd February, 2011, inasmuch as in terms of the amended Rule the Commission was required to advertise the vacancies to be filled by direct recruitment through competitive examination by inviting applications from the candidates eligible for appointment to the service.

53. This exercise, therefore, in terms of the amended Rule had to be undertaken by issuance of a fresh advertisement for including post of Bihar Accounts Service and as the advertisement for the same had already been issued on 13.1.2011 the Commission either ought to have cancelled the advertisement dated 13.1.2011 or at least should have issued a Corrigendum extending the last date of application by also including not only the post of Bihar Accounts Service but also specifying the requisite qualification as also necessity of appearance in one of the four subjects as discussed above. The Commission however could not have done this in the month of February, 2011 and in fact till 12.7.2011 because 100 post were ultimately requisitioned only in the month of July by letter dated 12.7.2011 as quoted above.

54. The law in this regard is also well settled that only the 44 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P44/56 advertised post can be filled up through the selection process already commenced and any future vacancy has to be made subject matter of fresh selection process. The Apex Court in the case of State of Orissa & anr. v. Rajkishore Nanda & ors., reported in AIR 2010 SC 2100, had held as follows: “10. It is a settled legal proposition that vacancies cannot be filled up over and above the number of vacancies advertised as “the recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16(1) of the Constitution”, of those persons who acquired eligibility for the post in question in accordance with the statutory rules subsequent to the date of notification of vacancies. Filling up the vacancies over the notified vacancies is neither permissible nor desirable, for the reason, that it amounts to “improper exercise of power and only in a rare and exceptional circumstances and in emergent situation, such a rule can be deviated from and such a deviation is permissible only after adopting policy decision based on some rational”, otherwise the exercise would be arbitrary. Filling up of vacancies over the notified vacancies amounts to filling up of future vacancies and thus, not permissible in law.(Vide State of Bihar & ors. v. The Secretariat Assistant S.E. Union 1986 & ors., AIR 1994 SC 736: (1994 AIR SCW 573); Prem Singh & ors. v. Haryana State Electricity Board & ors., (1996) 4 SCC 319, Ashok Kumar & ors. v. Chairman, Banking Service Recruitment Board & ors., AIR 1996 SC 45 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P45/56 976: (1996) AIR SCW 420); Surinder Singh & ors. v. State of Punjab & ors., AIR 1998 SC 18: (1997) AIR SCW 396); and Rakhi Ray & ors. vs. High Court of Delhi, AIR 2010 SC 932: (2010 AIR SCW 1070).”

55. Yet again in the case of Rakhi Ray & ors. v. High Court of Delhi & ors., reported in (2010)2 SCC 637, the same principle was reaffirmed by the Apex Court wherein it was held that:- “7. It is a settled legal proposition that vacancies cannot be filled up over and above the number of vacancies advertised as “the recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16(1) of the Constitution”, of those persons who acquired eligibility for the post in question in accordance with the statutory rules subsequent to the date of notification of vacancies. Filling up the vacancies over the notified vacancies is neither permissible nor desirable, for the reason, that it amounts to “improper exercise of power and only in a rare and exceptional circumstances and in emergent situation, such a rule can be deviated from and such a deviation is permissible only after adopting policy decision based on some rational”, otherwise the exercise would be arbitrary. Filling up of vacancies over the notified vacancies amounts to filling up of future vacancies and thus, not permissible in law. (Vide Union of India v. Ishwar Singh Khatri, 1992 Supp (3) SCC 84, Gujarat State Dy. Executive Engineer‟ Assn. v. State of 46 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P46/56 Gujarat, 1994 Supp. (2) SCC 591, State of Bihar v. Secretariat Asstt. Successful Examinees Union 1986, (1994) 1 SCC 126, Prem Singh v. Haryana SEB, (1996)4 SCC 319 and Ashok Kumar v. Banking Service Recruitment Board, (1996)1 SCC 283.”

56. Even recently the Apex Court in the case of Arup Das & ors. v. State of Assam & ors., reported in (2012) 5 SCC 559, had reiterated the same principle in the following words: “17. It is well established that an authority cannot make any selection/ appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised. The principle behind the said decision is that if that was allowed to be done, such action would be entirely arbitrary and violative of Articles 14 and 16 of the Constitution since other candidates who had chosen not to apply for the vacant posts which were being sought to be filled, could have also applied if they had known that the other vacancies would also be under consideration for being filled up.”

57. Judged in the backdrop of the settled law that the future vacancies cannot be made subject matter of selection process already undertaken by way of an advertisement, this Court will have no hesitation in holding that 100 post of Bihar Accounts Service for which ultimately the requisition was submitted on

12.7.2011 could not have been made part and parcel of 53rd, 54th and 55th Combined Competitive Examination for which qualifying 47 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P47/56 date of age was 1.8.2007, 1.8.2008 and 1.8.2009 respectively. In any event there being absolutely no inkling in the advertisement dated 13.1.2011, confined to 14 services and its 257 post, the 100 posts of Bihar Accounts Service could not have been included in the selection process of 53rd, 54th and 55th Combined Competitive Examination.

58. It has also taken into account that when these issues had emerged in course of argument, this Court in order to ascertain the correct stand of the Commission had passed an order on

28.2.2013 for eliciting the relevant information from both the Commission and the State Government on relevant aspects. The relevant portion of the order of this Court dated 28.2.2013 reads as follows: “Having heard learned counsel for the parties and in the light of the pleadings on record, the Bihar Public Service Commission and/or State Government will be required to clarify the following aspects by filing a counter affidavit/ supplementary counter affidavit:- (i) When the requisition was sent by the State Government initially for only fourteen categories of service/ post vide letter dated 6.8.2010 in which there was no trace of the post of Bihar Accounts Service, how could a candidate understand even in terms of the subsequent advertisement dated 13.1.2011 (Annexure 2) that the post of Bihar Accounts Service could also be filled up from 48 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P48/56 the same specially when a separate requisition for 100 post of Bihar Accounts Service, after amendment in the Rules on 22.2.2011, had been sent on 12.7.2011, much after the Preliminary Test, had already been conducted on

17.4.2011. The B.P.S.C. and the State Government, therefore, will be required to explain the rationale in including the post of Bihar Accounts Service in the advertisement dated 10.1.2012 (Annexure 1). (ii) The qualification for the post of Bihar Accounts Service being quite specific of having Bachelor‟s Degree in Commerce, Economics, Mathematics or Statistics and the advertisement which was published on 13.1.2011 for the other fourteen categories of the post being only Graduate without specifying any specific discipline, how could any candidate also understand that the post of Bihar Accounts Service could have been also filled up on the basis of such advertisement. (iii) In the advertisement, there is no mention about the special requirement of Bihar Accounts Service and, therefore, the respondents must clarify as to whether in the Bihar Financial Service, the requirement of having one of subject as Commerce, Economics, Mathematics or Statistics has been given away or if it continues, whether the same is comparable to the requirement for the post of Bihar Accounts Service being Bachelor Degree in Commerce, Economics, Mathematics or Statistics. The authorities must keep in mind that having a Bachelor‟s Degree with the subject of Commerce, Economics, Mathematics and Statistics cannot be equated with a Bachelor Degree with one of the 49 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P49/56 subject in Commerce, Economics, Mathematics or Statistics. (iv) The Commission will also disclose as to how many candidates with the specification or requirements for the post of Bihar Accounts Service i.e. Bachelor‟s Degree in Commerce, Economics, Mathematics or Statistics had filled up the application form and how many out of them have been declared successful in the Preliminary Test."

59. It has to be noted though the State Government has chosen to remain absolutely silent on the aforesaid querries of this Court, the Commission too has filed a half hearted supplementary counter affidavit wherein it has primarily taken a plea such decision for including the 100 posts of Bihar Accounts Service in the 53rd to 55th Combined Competitive Examination were taken in view of the letters of the Principal Secretary Finance dated 4.2.2011,

22.2.2011, 16.3.2011 and 12.7.2011. This Court would fail to understand as to how anyone in the government could have become north star for the Commission inasmuch as it was the Commission which had to take its own independent decision by putting its foot down that the requisitioned posts of Bihar Accounts Service could at best be made part of 56th Combined Competitive Examination which could actually be next "(Aagami)" Combined Competitive Examination.

60. As a matter of fact when the Commission very 50 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P50/56 conveniently has evaded to answer Query No. (iii) and (iv) of the order of this Court dated 2.8.2002 it becomes clear that the question of prejudice to the petitioner can also not be undermined. This Court in fact had tried to know from the Commission as to how many candidates had the prescribed qualification of Bihar Accounts Service, namely, Bachelor's degree in Mathematics, Statistics, Economics or Commerce but the Commission has very conveniently answered that it is not possible for the Commission to ascertain the number of such candidates. In view of the aforementioned stand of the Commission the petitioner‟s case that he and like him several others having the prescribed qualification of Bihar Accounts Service were deprived from an opportunity of competing for 100 post of Bihar Accounts Service has to be accepted.

61. As a matter of fact this Court is not even otherwise impressed with the submission of Mr. Lalit Kishore, learned counsel appearing on behalf of the Commission, that since the petitioner was not an applicant for 53rd to 55th Combined Competitive Examination he could not have raised an issue in hand relating to filling up 100 post of Bihar Accounts Service. In the case of Hoshiar Singh vs. State of Haryana & ors., reported in 1993 Supp. (4) SCC 377, the Apex Court had held that the appointent on 51 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P51/56 an additional post would deprive the candidates who were not eligible for appointment to the post on the last date of submission of the applications mentioned in the advertisement and who became eligible for appointment thereafter, of the opportunity of being considered for such appointment. In this regard following passage of the judgment in the case of Hoshiar Singh (supra) becomes relevant and is quoted hereinbelow:- “10. The appointment on the additional posts on the basis of such selection and recommendation would deprive candidates who were not eligible for appointment to the posts on the last date for submission of applications mentioned in the advertisement and who became eligible for appontment thereafter.”

62. Law even otherwise is well settled that the recruitment of the candidates in excess of the notified vacancies would be denial and deprivation of the constitutional right under Article 14 reasd with Article 16(1) of the Constitution and the persons who acquired eligibility for the post in question in accordance with the statutory Rules subsequent to the date of notification of the vacancies. That is how the Apex Court has also held that filling up the future vacancies is neither permissible nor desirable because it would amount to improper exercise of power.

63. Thus, having given anxious consideration to the material on record this Court is not in a position to uphold the action 52 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P52/56 of the Commission of its including 100 posts of Bihar Accounts Service in 53rd, 54th and 55th Combined Competitive Examinaiton. As a matter of fact, the Commission in all fairness ought to have included these 100 posts of Bihar Accounts Service only in 56th Combined Competitive Examination as per amended Rules coming into force on 24.2.2011 and not by including them in selection process which had already commenced on 13.01.2011 by way of issuance of the advertisement for 53rd, 54th, 55th Combined Competitive Examination.

64. This Court need not remind the Public Service Commission that it is not working under the Government in the matter of holding competitive examinations for recruitment to service. It cannot be identified with the Government. Public Service Commission is an important institution created by the Constitution to whom is entrusted a valuable and important task of selecting personnel who may be intrusted with the duty of running the administration of the State at various levels. Thus administration or, so to say, the destiny of the people living in the State depends very much on the fair and just decisions of the Commission.

65. For proper and efficient working of a democracy, it is very necessary that civil service be free of political pressures and 53 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P53/56 personal patronage. It is therefore necessary to ensure that the best available person be selected for appointment to a post so as to avoid arbitratiness and nepotism in the matter of appointment. This objective can be achieved if civil servants are appointed solely on the basis of merit without any favouritism or nepotism or political pressures. A difficult task in any country, it becomes all the more difficult in a multi-lingual, multi-religious country like India which has a number of minority groups and backward classes and where the state is the most significant employer and government service has a prestige of its own. To achieve these objectives, the Constitution creates Public Service Commissions which are autonomous bodies and are immunized from various pressures so that they can function independently, fairly and impartially. Reference in this connection may usefully be made to the judgment of the Apex Court in the case of Ahok Kumar Yadav V. State of Haryana reported in AIR 1987 SC 454 wherein it has been held as follows:- "The values of independence, impartiality and integrity are the basic determinants of the constitutional conception of Public Service Commision and their role and functions. The Public Service Commission occupies a pivotal place of importance in the State and the integrity and efficiency of its administrative apparatus depends considerably on the quality of the selections made by the 54 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P54/56 Public Service Commission......."

66. The Commission including its Chairman and Members also must not forget the pious duty which has been imposed on them by the Constitution of India as was also clearly expressed by the Apex Court in the reference made by the President of India against Sri Ram Ashray Yadav Chairman, Bihar Public Service Commission, reported in (2000)4 SCC 309 wherein it was held as follows:- "The credibility of the institution of Public Service Commission is founded upon faith of the common man on its proper functioning. The faith would be eroded and confidence destroyed if it appears that the Chairman or the members of the Commission act subjectively and not objectively or that their actions are suspects. Society expects honesty, integrity and complete objectivity from the Chairman and members of the Commission. The Commission must act fairly, without any pressure or influence from any quarter, unbiased and impartially, so that the society does not loose confidence in the Commission. The high constitutional trustees, like the Chairman and Members of the Public Service Commission must for ever remain vigilant and conscous of these necessary adjuncts."

67. This Court would not like to say anything more on this aspect but would defnintely expect the Commission, in the era of declining standards in almost of all the institutions that in future 55 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P55/56 it would rise to the occasion and maintain its independent stature and authority. The Commission must safeguard its complete autonomy at any cost as is also envisaged in the Article 315 to 323 under Part-XIV Chapter-II of the Constitution of India.

68. In the light of aforesaid discussion this writ application is allowed and the impugned advertisement of the Commission dated 10.1.2012 so far it relates to filling up 100 basic posts of Bihar Accounts Service on the basis of 53rd to 55th Combined Competitive Examination is hereby quashed.

69. The interim order passed earier by this Court restraining the Commission from publishing its results of the main examination of the 53rd to 55th Combined Competitive Examination is accordingly vacated and the Commission may now declare its result but not in respect of any basic post of Bihar Accounts Service.

70. The Commission, however would now be at liberty to initiate fresh process of selection for filling up the 100 posts of Bihar Accounts Service in accordance with law.

71. With the aforesaid observations and directions this writ application is disposed of.

72. There would be, however, no order as to costs. . (Mihir Kumar Jha, J) 56 Patna High Court CWJC No.10148 of 2012 (6) dt.09-04-2013 P56/56 Patna High Court Dated the 9th April 2013 N.A.F.R./surendra/-