S.J.MUKHOPADHAYA,A.C.J. - (1.) IN both the appeals, as common question of law involved and as conflicting decisions have been given by the learned Single Judges in respect to selection, they were heard together arid are being disposed of by this common judgment.
(2.) L .P.A. No. 532 of 2003 arises out of an order and judgment dated 14th May, 2003 passed by the learned Singh Judge in W.P. (S) No. 5649 of 2003; see Mohd. Asad v. State of Jharkhand, 2003 (3) JCR 508 (Jhr). It was preferred by the writ petitioner lst respondent Md. Asad with two fold prayer le. (i) for direction on the Bihar Public Service Commission (hereinafter referred to as the BPSC) to publish the result of final examination of the primary Teachers (Urdu) held in pursuance of advertisement dated 9th October, 1991 published in the newspaper 'HINDUSTAN' (Annexure -1 to the writ petition) and (ii) on publication of the result, in the event of being declared successful for his appointment against the existing vacancies. Admittedly, in pursuance of the said advertisement dated 9th October, 1991, the writ petitioner -1st respondent Md. Asad applied and he qualified in the preliminary examination. Result was published in the year 1994. Therefore, the writ petitionerlst respondent appeared in the main examination held by the BPSC on 29th May, 1994, but his result was not published, Some persons were appointed prior to 14th November, 2000 i.e. prior to the reorganization of the State of Bihar and creation of the successor State of Jharkhand. The learned Single Judge vide impugned judgment and order dated 14th May, 2003, while held that there was legitimate expectation on the part of the writ petitioner to know the result of the said examination and the authority, which conducted the examination, is bound to published the result, the BPSC was directed to publish the result of the aforesaid examination within two months with further direction to the competent authority to consider the case of writ petitioner -1st -respondent for his appointment against vacant post.
(3.) THE other L.P.A. No. 850 of 2003 arises out of an order dated 9th September, 2003 passed by the learned Single Judge in W.P. (S) No. 4513 of 2003. In the said case, the learned Single Judge while held that much water has flown after 1993, inasmuch as, the successor State of Jharkhand came into existence and the State of Jharkhand has constituted its own Public Service Commission, further held that this Court cannot issue direction to the respondents to publish the result of the said examination which was conducted, as far back as, in the year 1993 by the Bihar Public Service Commission and dismissed the writ petition.;