TAPEN SEN, J. - (1.) HEARD Mr. J.P. Jha, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.
(2.) REFERENCE in this case may be made to the order dated 14.11.2002 from which it appears that one of the grievances of the writ petitioner was that on the one hand the Bihar Public Service Commission did not publish his result although he sat for the examination and after creation of the State of Jharkhand advertisement are going on being published for appointment of Assistant Teachers by the Jharkhand Public Service Commission. Pursuant to the aforementioned order, the Bihar Public Service Commission has filed an affidavit on 20.1.2002 wherein at paragraph 4, it has been stated that applications were invited for appointment to the post of Assistant Teachers for Primary Schools in the State of Bihar. However when the results of Preliminary test were under process, the Commission received a letter dated 12.3.1994 from the Department stating that the main examination for Dumka, Deoghar and Sahebganj should not be taken presently. Accordingly the results of the SC and ST Candidates excluding the results of other reserved and un -reserved category were published in respect of Sahebganj District only. They have further stated that the Commission is unable to publish the results of the other reserved and un -reserved candidates unless the Departments request is received. They have further stated at paragraph 5 that for the same reason they are unable to publish the results.
(3.) ACCORDING to Mr. A.K. Mehta, learned counsel appearing for the Bihar Public Service Commission, unless the department of Primary examination gives them clearance they are not in a position to publish the results.;