Dheeru Yadav vs The State Of Bihar Through The ...
2021 Latest Caselaw 5482 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17726 of 2021
     ======================================================

1. Dheeru Yadav S/o Laxman Singh Yadav R/o Type 2 House No. 9, Mandi Samitit, Roza, Shahjahanpur, Uttar Pradesh - 242406.

2. Guddi Jha D/o Chakradhar Jha R/o Plot No. - 3, Block - R, Vikas Nagar, D.K. Mohan Garden, West Delhi, Delhi - 110059.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, General Administrative Deptt. Govt. of Bihar, Patna.

2. Bihar State Public Service Commission through the Chairman, 15, Jawahar Lal Nehru Marg (Bailey Road) Patna, Bihar - 800001.

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

     For the Petitioner/s    :       Mr.Sanchay Srivastava, Advocate
                             :       Mr. Niraj Kumar, Advocate
                             :       Mr. Madhav Kumar, Advocate
     For the Respondent/s    :       Mr.Manish Kumar (GP 4)
                             :       Mr. Ajay Kumar, AC to GP 4
     For the BPSC            :       Mr. Sanjay Pandey, Advocate
                             :       Mr. Nishant Kumar Jha, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-11-2021

Heard the learned counsel for the parties.

In the instant petition, petitioners have prayed for the

following relief/reliefs:

"The present Writ Petition is being filed under Article 226 of the Constitution of India to issue a writ of Mandamus or any other order/direction in the nature of Mandamus to direct the Respondent No. 1 to modify/amend the Guidelines issued by the General Administrative Department, Government of State of Bihar, with regard to the allotment of scribe to Visually Impaired Candidates (herein referred to as "VI Candidates") for the State Level Competitive Examinations in consonance with the guidelines dated 29.08.2018, issued by the Department of Empowerment of the Persons with Disabilities (Divyangian), Ministry of Patna High Court CWJC No.17726 of 2021 dt.24-11-2021

Social Justice and Empowerment, Government of India; to issue writ of Mandamus or any other order/direction in the nature of Mandamus to direct the Respondent to put in place a Grievance Redressal System so as to enable the Petitioners and other similarly placed candidate to put forth their issues and grievances in case the scribe allotted to them is not suitable; to issue a writ of Mandamus or any other order/direction in the nature of Mandamus to allow the Petitioner No. 1 to opt for his own scribe for the purpose of writing the Bihar State Public Service Commission (herein referred to as "BPSC") Examination for the post of Child Development Project Officer under Social Welfare Dept., Govt. of Bihar; to issue a writ of Mandamus or any other order/direction in the nature of Mandamus to direct the Respondent No. 1 to provide full particulars in advance of the scribe supposed to the allotted to the Petitioners and other similarly placed candidates along with a meeting with the scribe scheduled 48 hours prior to the examination in order for the Petitioners and other similarly placed candidates to ascertain the suitability of the scribe; to issue a writ of Mandamus or any other order/direction in the nature of Mandamus to direct the Respondents to take audio-video recordings of the scribes reading and writing skills during the examination; to pass any other order/direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."

For issuance of writ of mandamus under Article 226 of

the Constitution of India one must have a statutory or legal right

read with representation before the competent authority. The

petitioners have not approached the first respondent in respect of

their relief sought in the present petition, therefore, question of

issuance of writ of mandamus do not arise.

Accordingly, writ petition stands disposed off reserving

liberty to the petitioners to approach the first respondent by means

of a application/representation. If such representation/application Patna High Court CWJC No.17726 of 2021 dt.24-11-2021

is submitted, the first respondent is hereby directed to examine the

same and proceed to pass appropriate order, at the earliest.

(P. B. Bajanthri, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.11.2021
Transmission Date       NA