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Dhananjay Kumar & Ors vs The Bihar State Selection Com on 20 August, 2013
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2. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna - 800014

3. Sri J.R.K. Rao Son Of Not Known To The Petitioner The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna - 800014

4. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna - 800014

5. Sri Parsuram Mishra Son Of Not Known To The Petitioner The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna

3. Bihar Staff Selection Commission, Patna Through Its Secretary

4. The Chairman, Bihar Staff Selection Commission, Patna Patna High Court CWJC No.3640 of 2013 (10) dt.26-04-2013 4

5. The Secretary Bihar Staff Selection Commission, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.4104 of 2013 ======================================================

3. The Bihar Staff Selection Commission P.O.- Veterinary College, Patna-

14, Through Its Secretary

4. The Chairman, Bihar Staff Selection Commission, P.O.- Veterinary College, Patna-14

5. The Secretary Bihar Staff Selection Commission, P.O.- Veterinary College, Patna-14 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5103 of 2013 ======================================================

15. The first plea on which much stress was given by Mr. Chittaranjan Sinha, learned Senior counsel appearing in C.W.J.C.No. 5103/2013, would necessariy involve a brief review of the power and function of the Commission. It is not in doubt that by an Act of Legislature, namely, Bihar Staff Selection Commission Act, 2002, hereinafter referred to as the Act the Commission was constituted for conducting the selection on Class III posts. Under Section 3 of teh Act there is a provision for constitution of the Commission and Section 4 of teh Act lays down the tenure of the Chairman and the Members of the Commission. Section 5 of the Act empowers the Commission to make recommendation for appointment of Class III post in the offices of the State Government and the Regional Offices as against all the services of general, technical and non-technical cadres. Section 6 of the Act provides for appointment and the terms and conditions of the officers and employee of the Patna High Court CWJC No.3640 of 2013 (10) dt.26-04-2013 32 Commission as prescribed under the Rules. Section 7 of the Act fixes the Headquarter of the Commission at Patna and the Personnel and Administrative Reforms Department of the State Government to be the administrative department of the Commission. Section 8 of the Act empowers the Commission to lay down the procedure of selection for different services/ post with the prior approval of the State Government. Under section 9 of the Act the Chairman of the Commission has been vested with the administrative and financial powers and he has also been authorized to entrust the duty of the Examination Controller to one of the Member while work of the Administrative Branch to other Member. Section 10 of the Act relates to transfer of pending selection from the Bihar Public Service Commission authorizing the Commission to take up such selection where advertisements were not issued by the Bihar Public Service Commission on the date of the Act coming into force i.e. 24th April, 2002. Under section 11 of the Act the entire financial expenditure in the functioning of the office and working of the Commission is to be borne by the State Government and the Commission has also been authorized to receive fees for conduction selection/ examination from the candidates which has to be however deposited in the Treasury of the State Government. Section 12 of the Act vests power of framing Rules/ Regulation for giving effect to the Patna High Court CWJC No.3640 of 2013 (10) dt.26-04-2013 33 provisions of the Act in the State Govenrment and the Commission with the prior approval of the State Government has also been delegated the power for framing Rules for publication of advertisement, conducting of the written examination, publication of the result and conducting of interview/ viva voce etc.