JAI NARAIN MISRA vs STATE OF BIHAR & ORS.

The Supreme Court held that the selection for the post of Director of Agriculture is based solely on merit and suitability, as it is a selection post and not governed by seniority. The Court found that the High Court erred in considering seniority when there was no allegation of mala fides against the Government or the Public Service Commission. Furthermore, it clarified that Rule 16 of the 1935 Rules regulating the Bihar and Orissa Agricultural Services is not superseded by the 1945 Rules, allowing the Government to make its selection without being constrained by seniority considerations.