Patna High Court
Abhay Kumar vs The State Of Bihar on 16 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19915 of 2021
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Abhay Kumar Son of Yogendra Jha Resident of Village - Jandaha, P.S. -
Jandaha, District- Vaishali, Presently residing at Ram Chandra Nagar, Dighi
Kala, P.O. - Dighi East, P.S. - Hajipur Sadar, District- Vaishali, Bihar -
844101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary - cum- Principal Secretary, General
Administration Department, Government of Bihar, Patna.
3. The Additional Chief Secretary - cum- Principal Secretary, Health
Department, Government of Bihar, Patna.
4. Bihar Staff Selection Commission through its Secretary, Veterinary College,
Patna - 800014.
5. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna
- 800014.
6. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna
- 800014.
7. The Controller of Examination, Bihar Staff Selection Commission,
Veterinary College, Patna - 800014.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Kaushik, Advocate
For the Respondent/s : Mr. Lalit Kishore (Ag)
Fro the BSSC : Mr. Satyabir Bharti, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-12-2021
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i. For issuance of an order, direction or a writ of
certiorari for quashing the result contained in memo No. 5404
dated 03.11.2021 issued by the Bihar Staff Selection
Commission (hereinafter referred to as 'the Commission')
whereby and where under only 29 candidates have declared
successful against Advertisement No. 08010116 dated
06.05.2016 published for appointment against 276 vacancies
Patna High Court CWJC No.19915 of 2021 dt.16-12-2021
of Health & Sanitary Inspector wherein the petitioner has been
excluded despite the fact that he had been successful in the
written examination and has participated in the interview.
ii. For issuance of an order, direction or a writ of
mandamus for directing the respondent Commission to declare
the petitioner successful in the final result against the
Advertisement No. 080101160 dated 06.05.2016, since the
petitioner was successful in the written examination and had
participated in the interview and is otherwise fully eligible to
be selected and recommended against the post of Health &
Sanitary Inspector, especially in view of the fact that only 29
candidates have found successful against 276 advertised
vacancies.
Iii. For issuance of an order, direction or a writ of
mandamus for directing the respondent authorities to consider
the writ petitioner for appointment to the post of Health &
Sanitary Inspector against Advertisement No. 08010116 dated
06.05.2016, since non inclusion of the petitioner from the final
select list is a result of mala fide and arbitrary action of the
respondent Commission.
iv. For issuance of an order, direction or an appropriate
writ for staying the further selection process against the
advertisement No. 08010116 published on 06.05.2016 during
the pendency of the present writ application in as much as the
writ petitioner who was otherwise qualified to be selected, has
been conspicuously not mentioned in the list of candidates
finally declared successful in the result dated 03.11.2021."
First prayer is not maintainable for the reasons that the
petitioner has not arrayed the persons whose names are reflected in
the Memo No. 5404 dated 03.11.2021. Insofar as second prayer is
concerned there is no demand before the competent authority so as
to consider the grievance of the petitioner.
Accordingly, petition stands disposed off reserving
liberty to the petitioner to either file a fresh petition while
impleading such of those persons right are likely to be affected or
make a necessary representation/application before the competent
Patna High Court CWJC No.19915 of 2021 dt.16-12-2021
authority to consider the second prayer. If such a representation is
submitted, the competent authority is hereby directed to take a
decision at the earliest.
With the above observation, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.12.2021
Transmission Date NA
