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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

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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.