Sibu Kumar vs The Union Of India
2021 Latest Caselaw 2508 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4987 of 2021
     ======================================================

Sibu Kumar S/o Ramakant Sah, Resident of Village- Udant Rai Ke Bangra, P.S. - Thawe, District - Gopalganj.

... ... Petitioner Versus

1. The Union of India.

2. The State of Bihar through the Principle Secretary, Administrative Reforms Department, New Secretariat, Vikas Bhawan, Patna, Bihar.

3. The Bihar Public Service Commission through its Chairman.

4. The Secretary, Bihar Public Service Commission.

5. The High Court of Judicature At Patna through the Registrar General.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr.Rupesh Kumar, Advocate For the Patna High Court: Mr. Piyush Lall, Advocate For the State : Ms. Divya Verma For the BPSC : Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN)

Date : 22-06-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference. Learned

counsel for the petitioner hereby undertakes that all defects

pointed out by the stamp reporter shall be removed, and

compliance with the conditions of the notices of this Court with

regard to acceptance of e-filing shall be made, without delay

immediately upon resumption of normal physical functioning of the

Court, and in any event within one month thereof. Patna High Court CWJC No.4987 of 2021 dt.22-06-2021

2. The present writ petition has been filed "for a

direction to the respondents to grant reservation for the grand

children of the freedom fighters which has been granted in selection

of the candidates for other services like Bihar Public Service

Commission (hereinafter referred to 'BPSC'), Bihar Assistant

Prosecution Officer, Police Sub-Inspector."

3. Learned Senior counsel Mr. Baxi S.R.P. Sinha appears

and submits that pursuant to Advertisement No. 04/2020, the

petitioner appeared in the preliminary examination of 31st Bihar

Judicial Service Examination. It is stated that while some categories

of persons were provided reservation in the advertisement, no

provision for reservation has been made for persons such as the

petitioner who is a grandchild of a freedom fighter, although such

reservation has been provided for in relation to other examinations

conducted by the BPSC.

4. Learned counsel for the Patna High Court, State as well

as BPSC appear and have been heard.

5. Considering that the issue raised by the petitioner is a

matter of policy, this Court does not propose to pass any positive

order at this stage. The writ petition stands disposed of with liberty

to the petitioner to file an appropriate representation before the

concerned authority for relief, if so advised.

6. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by Patna High Court CWJC No.4987 of 2021 dt.22-06-2021

the petitioner within the stipulated time provided in para-1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

                                                                     (Vikash Jain, J)



Ibrar//-                                                         ( Anjani Kumar Sharan, J)

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Uploading Date        29.06.2021
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