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17. It has further been submitted that Clause 16 of Patna High Court CWJC No.10174 of 2022 dt.16-03-2026 the Resolution contained in Memo No. 2374 dated 16.07.2007 of the Personnel Administrative Reforms Department, Government of Bihar envisages that due to non-joining of the any candidate or candidates within the time limit or due to other reasons, if the vacancies are not filled up, then such vacancies shall be carried forward for the next requisition, which is reiteration of Clause-xiv of the Circular dated 17.06.1997 issued by the Department of Personnel, Government of Bihar which stipulates the vacancies remaining unfilled due to candidates non-joining the post or for any other reason shall be carried forward to the next year. It has further been contended that the Commission after publication of the Advertisement No. 02/2017, had published Advertisement no. 01/2019, 32/2024 and 29/2025, for appointment to the post of Assistant Engineering (Civil) and the Commission after completion of the selection process under Advertisement No. 02/2017 also completed the selection process under Advertisement No. 01 of 2019 and Advertisement No. 32/2024 and the appointments have already been made. The Commission under Advertisement No. 29/2025 has conducted the written examination and the process is underway.

Patna High Court CWJC No.10174 of 2022 dt.16-03-2026

22. The learned counsel for the petitioner further relies on a judgment of the Hon'ble Supreme Court of India in Civil Appeal No. 4041 of 1989 A.V. Bhogeshwarudu Vs. A.P. Public Service Commission and Ors. wherein in paragraph No. 02 the Hon'ble Supreme Court of India has held as follows:-

"2. We have perused the counter affidavit filed on behalf of the State. Public Service Commission pursuant to the direction of this Court. It is not disputed that the preliminary process of selection started in 1983 and was completed in 1987 and the vacancies that arose in between were also sought to be accommodated from the recruitment list prepared by the State Public Service Commission. The only point which requires consideration is as to whether if out of the names recommended for appointment, some candidates do not join, whether the vacancies remaining unfilled should or should not be relied up from out of the remaining successful candidates. We see no justification in the stand of the State Public Service Commission that instead of filling Patna High Court CWJC No.10174 of 2022 dt.16-03-2026 up the vacancies by recommending the candidates next in order of merit out of the present list why a fresh selection should be made. We, accordingly, dispose of this appeal by directing that the number of vacancies remaining to be filled up on account of non-joining of selected candidates for whatever reason shall be out of the present list. This may be done within ten weeks. No costs."