Decided on October 14,2009

Dr. Mir Jamal Uddin Appellant
Dr. Nawzesh Farid Respondents


A B M KHAIRUL HAQUE, J. - (1.) These petitions for leave to appeal are in respect of the judgment and order dated 23.07.2008 passed by the High Court Division in making all the Rules absolute in Writ Petition Nos. 2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007.
(2.) The facts leading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, published in various news papers for appointment in the posts of Professors, Associate Professors and Assistant Professors in different disciplines in various Medical Colleges, Hospitals and Institutes under the Ministry of Health, Family Planning and Welfare, Government of Bangladesh. In the said notification, PSC specifically stated the number of posts to be filled-up in various categories and as to whether those are permanent or temporary. After the completion of the selection process, the PSC issued the list of the successful candidates. The petitioners found that although they were not selected but the PSC recommended beyond the number of posts advertised in the notification. These recommendations of the PSC were challenged in the writ petitions.
(3.) The PSC as well as the successful candidates contested the Rules by filing affidavits-in-opposition. The main contention of the PSC is that it reserves the right to select any person from any running process of appointment and that in the case in hand, it recommended the names of the candidates on the basis of specific requisitions forwarded by the concerned Ministry, as advertised in the news-papers and also on requisitions subsequent to the advertisements.;

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