AMARESHWAR SAHAY, J. - (1.) THE petitioners have prayed for direction to the respondents to issue the appointment letters to the petitioners in view of the recommendation made by the Bihar Public Service Commission prior to coming into force of Bihar Re -organization Act, 2000, which according to the petitioners could not be issued in their favour because of mistake on the part of the respondents themselves.
(2.) THE facts, which are not in dispute, are that on the basis of the advertisement published by the Bihar Public Service Commission for appearing in Second Primary Teacher Examination, the petitioners appeared in the Preliminary Test examination and successfully passed the same. Therefore, the petitioners also appeared and passed the main examination conducted by the Bihar Public Service Commission on 18.7.1999. The result of the said main examination was published on 20.11.1999 and a merit list of 311 candidates were prepare in which name of the petitioners appeared at Serial No. 235 and 276 respectively. Thereafter the said list was forwarded by the Bihar Public Service Commission to the concerned authorities for issuing of appointment letters on the basis of the merit list. The grievance of the petitioners is that the letters of the appointment in their favour could not be issued by the District Superintendent of Education, Jamshedpur on account of fact that their original application forms were not forwarded with recommendation.
(3.) IT is stated that the District Superintendent of Education, Jamshedpur by his letter dated 22.3.2000 addressed to the Bihar Public Service Commission, requested that the application forms of the petitioners be sent immediately so that the appointment letter can be issued in favour of the petitioners and the Deputy Secretary of Bihar Public Service Commission by his letter dated 27.12.2000 sent duplicate application forms of the petitioners to the Deputy Commissioner, East Singhbhum Jamshedpur, as it appears from the Annexure -5 to the present writ petition. It further appears that District Superintendent of Education. East Singhbhum, Jamshedpur vide letter dated 19.4.2001 again wrote to the Bihar Public Service Commission that instead of sending the original application form, the duplicate application forms of the petitioners have been sent by the Bihar Public Service Commission and therefore, necessary direction be issued in this regard. The Bihar Public Service Commission by its letter dated 23.5.2001 replied to the District Superintendent of Education, East Singhbhum Jamshedpur (Annexure -7) that the duplicate application forms of the petitioners had already been sent and therefore, necessary action in this regard may be taken.;