Patna High Court
Anita Kumar vs The State Of Bihar on 2 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4222 of 2020
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Anita Kumar Daughter of Hari Charan Manjhi and Wife of Harinder
Kumar, Resident of Village + Post- Dharampura, P.S. Daudpur, District-
Saran, Bihar. att Present Resident of C-1/35A, Street No. 2, Madhu Vihar,
Near Uttam Nagar, P.S. Dabri , District- New Delhi.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, General
Administration Department, Bihar,Patna.
2. Bihar Public Service Commission through the Chairman, 15, Jawaharlal
Nehru Marg, Bailey Road, Patna, Bihar-800001
3. The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru
Marg, Bailey Road, Patna, Bihar-800001
4. The Secretary, Bihar Public Service Commission, 15, Jawaharlal Nehru
Marg, Bailey Road, Patna, Bihar-800001
5. The Hon'ble High Court of Judicature at Patna through its Registrar
General.
6. Sudha Rani Daughter of not known to the petitioner Resident of Village
+ Post- Juglan, P.S. and District- Hisar (Haryana).
7. Ashish Kumar Pandey Son of not known to the petitioner Resident of
Village + Post- English, P.S.- Mirwa, District- Siwan (Bihar).
8. Dinesh Mani Tripathi Son of not known to the petitioner Resident of
Village- Saray Bhogi, Post- Saray Bhogi, P.S. + District- Johnpur (U.P.).
9. Amit Kumar Singh Son of not known to the petitioner Resident of
Village- Behind Police Station Hospital Tarakpur Road, Post- Parmapur,
P.S. + District- Mirzapur (U.P.).
10. Khushboo Anand Daughter of not known to the petitioner C/o Upendra
Prasad, Resident of Village- Asha Nagar (South), Holding No. 507, Post-
Soh Sarai, District- Nalanda (Bihar).
11. Ajay Kumar Son of not known to the petitioner Resident of Village-
Barka More, Post- Nahauna, P.S.- Sasaram, District- Rohtas (Bihar).
12. Aditya Kumar Sharma Son of not known to the petitioner Resident of
Village- Bhola Tola, Post- English, P.S. + District- Lakhisarai (Bihar).
13. Avichal Gyanesh Son of not known to the petitioner C/o Shree Suresh
Prasad, Resident of Village- Thana Chowk Sidhi Ghat, Near Town Police
Station, P.S.- Town, District- Khagaria (Bihar).
14. Varsha Kumari Daughter of not known to the petitioner Resident of
Village- Mungraura, Post- Jamalpur, P.S. + District- Munger (Bihar).
15. Rakesh Ranjan Son of not known to the petitioner Resident of Village-
Chaman Bigha, Post- Karauna, P.S. + District- Jehanabad (Bihar).
Patna High Court CWJC No.4222 of 2020 dt.02-11-2021
16. Anurag Gaurav Son of not known to the petitioner C/o Lt. Dulli Chand
Prasad, Kishan Colony, Phase-2, P.O. + P.S.- Anishabad, District- Patna
(Bihar).
... ... Respondents
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Appearance :
For the Petitioner : Mr. Prince Kumar Mishra
Mr. Amish Kumar, Advocates
For the State : Mr. manish Kumar, GP-4
For the High Court : Mr. Piyush Lall, Advocate
For the BPSC : Mr. Sanjay Pandey
Mr. Nishant Kumar Jha, Advocates
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE VIKASH JAIN)
Date : 02-11-2021
Heard learned counsel for the petitioner, learned
counsel for the State, learned counsel for the BPSC as well as
learned counsel for the Patna High Court.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
" (i) For issuance of a writ in the nature of Certiorari or
any other appropriate writ for quashing the final result of
30th Bihar Judicial Services Competitive Examination
dated 29.11.2019 published by the respondent Bihar
Public Service Commission (hereinafter referred as
"Commission") to the extent it relates to petitioner- on its
website for appointment to Civil Judge (Junior Division) in
pursuance of Examination Advertisement No. 06/2018
dated 21.08.2018.
Patna High Court CWJC No.4222 of 2020 dt.02-11-2021
(ii) For issuance of order, direction or writ of Mandamus
or any other appropriate writ for directing the
respondent commission to immediately allow and process
the candidature of petitioner and declare her result,
treating her as a 'Schedule Caste Candidate' who has
submitted all requisite documents including the caster
certificate showing eligibility to participate in the
selection process of 30th Bihar Judicial Services
Competitive Examination for appointment to Civil Judge
(Junior Division).
(iii) For issuance of order, direction or writ of Mandamus
or any other appropriate writ for directing the
respondent commission to prepare and publish updated
result of 30th Bihar Judicial Services Competitive
Examination after considering the candidature of the
petitioner as Schedule Caste Category for appointment to
Civil Judge (Junior Division) in pursuance of Examination
Advertisement No. 06/2018 dated 21.08.2018.
(iv) For any other orders or direction which your Lordship
may deem fit in the interest of equity, justice and good
conscience.
(v) Cost of this litigation."
3. At the outset itself, learned counsel for the
petitioner fairly accepts that the issues involved in the present
writ petition stand already decided in the case of another
similarly situated person in C.W.J.C. No. 24282 of 2019 (Aarav Jain
Vs. The Bihar Public Service Commission and Ors.) reported in
Patna High Court CWJC No.4222 of 2020 dt.02-11-2021
2021 (2) PLJR 867, which was dismissed with the following
observations -
"32. Thus, in view of the law laid down by the Hon'ble
Apex Court in the case of Basawaraj (supra), even if
some persons have been given the opportunity to
produce their documents, which cannot be said to be in
accordance with the provisions of the terms of the
advertisement, the same would be of no help to the case
of the petitioner herein. The Court finds no merit in this
contention also of the petitioner and the same is
rejected.
33. Having heard learned counsel for the parties and in
view of the facts and circumstances as discussed
hereinabove, the Court finds no merit in the writ
application and the same is dismissed. There shall be no
order as to costs."
4. Similar view has been taken in C.W.J.C. No. 2172 of
2020 (Ratnakar Dubey and Ors. Vs. The State of Bihar and Ors.),
reported in 2021 (2) PLJR 778.
5. It is stated that SLP Nos. 10776 of 2021 and SLP No.
11089 of 2021 have been filed in the above matters and are
pending before the Hon'ble Supreme Court.
6. Learned counsel for the State, learned counsel for
the BPSC as well as learned counsel for the Patna High Court
appear and have been heard.
7. Having regard to the stand of the petitioner, the
present writ petition is dismissed for the same reasons and in
Patna High Court CWJC No.4222 of 2020 dt.02-11-2021
line with the judgment passed in the aforesaid C.W.J.C. No. 24282
of 2019 (Aarav Jain Vs. The Bihar Public Service Commission and
Ors.).
(Vikash Jain, J)
Ibrar//- ( Rajesh Kumar Verma, J)
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 03.11.2021
Transmission Date N.A.
