MD.ASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-5-34
HIGH COURT OF JHARKHAND
Decided on May 14,2003

Md.Asad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

VIKRAMADITYA PRASAD, J. - (1.) THE petitioner has filed this writ petition with two prayers - -(i) for a direction to the Bihar Public Service Commission to publish the result of the final examination of the Primary Teachers (Urdu) held in pursuance of the advertisement contained in Annexure -1 and (ii) on publication of the result, in the event of his being declared successful, for appointment of the petitioner against the existing vacancies.
(2.) ADMITTEDLY , there was an advertisement, vide Annexure -1, for appointment of Primary Teachers (Urdu) and the petitioner, in pursuance of the said advertisement, applied for and appeared at the Preliminary Teachers Examination. It is the case of the petitioner that he qualified in the said Preliminary Teachers Examination, An -nexure -2, the result of which was published in the year 1994. On 29.5.1994, the petitioner appeared in the Main Examination as he had competed in the Preliminary Examination, but the result of the Main Examination has not been published. Consequently, he has not been appointed against the existing vacancies. The petitioner 's further case is that he was still waiting for the publication of the result of the Main Examination and therefore, he had not earlier come to the Court. It appears that the petitioner pursued the matter, so far as the publication of result is concerned as Annexure -3, and Annexure -3 shows that the registered letters were sent to the concerned authorities for publication of the result. In the meantime, the Establishment Committee appointed some persons shown in Annexure -4 in the year 2000 prior to creation of the State of Jharkhand. In the meantime, Annexure -6 has been published by the State of Jharkhand for filling up the vacancies 149 and 235 in the districts of Sahebganj and Pakur respectively.
(3.) NATURALLY , the petitioner did appear in the Main Examination and was hoping for his being appointed, if he was successful in the said Main Examination. It is the legitimate expectation on the part of the petitioner to know the result of the said Examination and the authority, which conducted the examination, is bound to publish the result. It is also found that the petitioner was pursuing the matter. Therefore, the writ petition does not appear to have become stale, rather it was simply a delayed one.;


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