Mukesh Kumar vs The State Of Bihar
2021 Latest Caselaw 4867 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Letters Patent Appeal No.218 of 2021
                                           In
                     Civil Writ Jurisdiction Case No.2083 of 2019
     ======================================================

1. Mukesh Kumar, S/o Mahesh Singh, R/o Village - Gulab Bigha, P.S. -

Rafiganj, District - Aurangabad at present S/o Mahesh Singh, R/o Mohalla - Adarsh Colony near Ravi Singh reporter Karma Road, Aurangabad, District

- Aurangabad.

2. Subodh Kumar S/o Mahesh Singh, R/o Village - Gulab Bigha, P.S. Rafiganj, District - Aurangabad.

3. Rajesh Kumar Mishra, S/o Uday Kant Mishra, R/o Village - Orahara, P.S. Rajoun, District - Banka.

4. Bambam Kumar Mishra S/o Uday Kant Mishra, R/o Village - Orahara, P.S. -

Rajoun, District - Banka.

5. Prem Kumar Mishra, S/o Uday Kant Mishra, R/o Village - Orahara, P.S. -

Rajoun, District- Banka.

6. Mukesh Kumar Jha, S/o Shailendra Jha, R/o Village - Nayagaon, P.S. Nayagaon, District - Begusarai.

7. Navin Kumar, S/o Ravindra Nath Mishra, R/o Village - Malahi, P.S. Malahi, District - East Champaran.

8. Birbal Yadav, S/o Bhanu Yadav, R/o Village - Mogalahiya, P.S. Gopalpur, District - West Champaran.

9. Zamaluddin, S/o Md. Amin Ansari, R/o Village - Jolgawan, P.S. Jitna, District - East Champaran.

10. Shobh Nath Bharti S/o Late Sager Ram, R/o Village Manihari, P.S. -

Bhabua, District - Kaimur.

11. Ranjan Kumar Singh, S/o Shailendra Prasad Singh, R/o Village - Rulahi (Katahria), P.S. Majhaulia, District - West Champaran.

12. Sabhapati Singh, S/o Ambika Singh, R/o Village - Majhariya P.S. Malahi, Dist.-East Champaran.

13. Ganpati Kumar Chaudhary, S/o Surya Kant Choudhary, R/o Mohalla Jajuar P.S. Katra, District - Muzaffarpur.

14. Vijay Kumar Singh, S/o Govind Prasad Singh, R/o Mohalla - L.I.G.H. 1/25 P.S. Patrakarnagar Kankarbagh, District - Patna.

15. Nilesh Kumar Singh, S/o Umesh Prasad Singh, R/o Village - Krishnapatti Jamui P.S. Jamui, District - Jamui.

16. Manoj Kumar S/o Ramesh Prasad, R/o Village - Bararhi Bideshi Tola, P.S. Akorhi Gola, District - Rohtas.

17. Lallan Ram, S/o Bandhan Ram, R/o Village - Bhadari, P.S. - Bhabua, District - Kaimur.

18. Sanjay Sharma S/o Rameshwar Sharma, R/o Village - Dudha Mathia, P.S. -

Majhaulia, District - West Champaran.

19. Sanjit Kumar Sharma, S/o Raghav Sharma, R/o Village - Mathiabhawtaulia, Patna High Court L.P.A No.218 of 2021 dt.05-10-2021

P.S.- Majhaulia, District- West Champaran.

20. Manoranjan Sharma S/o D. Sharma, R/o Village - Shikarpur, P.S. -

Majhaulia, District - West Champaran.

21. Vinay Kumar S/o Thakur Rout, R/o Village - Dumarthar, P.S. - Mohanpur, District - Deoghar.

22. Sujeet Kumar S/o Braj Nandan Singh, R/o Village - Sirari, P.S. - Sheikhpura, District - Sheikhpura.

23. Ray Anand Vats S/o Ashok Kumar Ray, R/o Village - Charakmara, P.S. Sarath, District - Deoghar.

24. Akhilesh Kumar, S/o Arun Singh, R/o Mohalla - Postmortem Road Nawada, P.S. - Nawada, District - Nawada.

25. Mirtunjay Kumar S/o Nand Kishore Sharma, R/o Village - Mananbigha, P.S.

- Parasbigha, District - Jahanabad.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Deputy Inspector General of Police Bihar (Personnel) Bihar, Patna.

4. The Bihar Staff Selection Commission, through its Secretary, Bihar, Patna.

5. The Chairman, Bihar Staff Selection Commission, Patna.

6. Uttam Kumar Jha S/o Dinesh Jha, R/o Village - Dobhi, P.S. - Dobhi, District

- Gaya.

7. Sanjiv Kumar Rajak S/o Shayam Das Rajak, R/o Village - Chhotki Delha Gusal Khan Road Gaya, P.S. Gaya, District - Gaya.

......... Respondents/Respondents

8. Bijay Kumar S/o Badri Nath Ojha, R/o Mohall - North Budha Colony behind Gandhi Murti Durga, P.S. - Budha Colony, District - Patna.

9. Surya Kant Kumar, S/o Sri Raj Kumar Arya, R/o Village - Neemtal Khushrupur, P.S. - Khushrupur, District - Patna.

10. Abhay Kumar Shekhar, S/o Jagannath Ram, R/o Village - Ratanpura, P.S. Chanpatiya, District - West Champaran.

11. Rupesh Kumar, S/o Rajendra Prasad Singh, R/o Village - Barwa East, P.S. -

Chhavradano, District - East Champaran.

12. Dhiraj Kumar Singh, S/o Shaligram Singh, R/o Village - Bindwara, P.S. -

Kasimbazar, District- Munger.

13. Munjee Kumar, S/o Radhe Shyam Singh, R/o Village - Parsar, P.S. - Karakat (Gorari), District - Rohtas.

14. Rezwan Alam, S/o Sheikh Majibullah Alam, R/o Village - Gurchurwa, P.S. -

Majhaulia, District - West Champaran.

15. Rambinod Paswan, S/o Haridwar Paswan, R/o Village - Naraingarh, P.S. -

Laukariya, District - West Champaran.

Patna High Court L.P.A No.218 of 2021 dt.05-10-2021

16. Surendra Oraon, S/o Dukhi Oraon, R/o Village - Bairiya, P.S. Semra, District

- West Champaran.

17. Navin Kishore S/o Nand Kishore Thakur, R/o Village - Shanti Nagar Suria Road Bettiah, P.S. Bettiah Town, District - West Champaran.

18. Tufail Ahmad Khan, S/o Jamil Ahmad Khan, R/o Village - Karari, P.S. -

Durgawati, District - Kaimur.

19. Santraj Yadav, S/o Namawar Yadav, R/o Village - Mauhariyan, P.S. -

Durgawati, District- Kaimur.

20. Mohd Nehal Waris Khan, S/o Mohd Jamal Waris Khan, R/o Village -

Chitarkoni, P.S.- Dildarnagar, District - Gajipur.

21. Arvind Prasad Yadav, S/o Arjun Prasad Yadav, R/o Village - Sikariya, P.S. -

Govindpur, District - Nawada.

22. Anish Kumar Tiwari, S/o Manindra Kishore Tiwari, R/o Village -

Pachrukhiya, P.S. Ramnagar, District - West Champaran.

23. Binit Lal S/o Hari Mohan Paswn, R/o Village - Gangauli, P.S. - Dehri-on-

sone, District - Rohtas.

24. Vinay Kumar Singh S/o Yamuna Prasad Singh, R/o Village - Pachvinda, P.S.- Taraiya, District - Saran.

25. Satendra Bahadur Singh, S/o Narendra Kumar Singh, R/o Village - Daharak, P.S. Ramgarh, District - Kaimur.

26. Amresh Kumar Singh, S/o Ram Ekbal Singh, R/o Village - Daharak, P.S. Ramgarh, District - Kaimur.

27. Bikash Kumar Rai, S/o Jay Shanker Ray, R/o Village - Ashoga, P.S. Durgawati, District - Kaimur.

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

For the Appellant/s : Mr. Avinash, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Saroj Kumar Sharma, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-10-2021

The present Letters Patent Appeal has been preferred

against the order dated 18.02.2021 passed by a learned Single

Judge of this Court in C.W.J.C. No. 2083 of 2019, titled as

Mukesh Kumar and Ors. Vs. The State of Bihar & Ors. Patna High Court L.P.A No.218 of 2021 dt.05-10-2021

Undisputedly, as is so admitted by Shri Saroj Sharma,

learned Assistant Counsel to learned Additional Advocate

General No. 3, the matter is squarely covered by judgment dated

31st of January, 2020 passed by a coordinate Bench of this Court

in L.P.A. No. 571 of 2019, titled as Naresh Kumar & Ors. Vs.

The State of Bihar & Ors., and both the parties jointly request

that the appeal be disposed of in terms of the said judgment.

The judgment dated 31st of January, 2020 passed in

L.P.A. No. 571 of 2019 reads as under:-

"Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the Commission.

Counsel for the appellants submits that those 133 persons, who have been recruited, have been appointed after the order of Hon'ble Supreme Court as they have approached the Hon'ble Supreme Court, but, in fact, they have secured lesser marks then these appellants.

It has been brought to our notice that the identical matter was taken into consideration by a coordinate Bench of this Court in L.P.A. No.755 of 2019, vide order dated 17.07.2019, the Court has refused to entertain any such claim with regard to the selection pursuant to the advertisement of 2004.

In the present cases, the issue is the same. The learned Single Judge has refused to reopen the matter on the ground that the issue now stands closed Patna High Court L.P.A No.218 of 2021 dt.05-10-2021

with the selection process having been completed long time back pursuant to advertisement of the year 2004.

We do not find any difference with the fact of LPA No.755 of 2019 and the present case.

In such view of the matter, we do not find any merit in these appeals and, accordingly, the same is dismissed."

In view of the joint statement, without expressing any

specific opinion on merits, we dispose of the present appeal

exactly in the same terms as contained in judgment dated 31 st of

January, 2020 passed by a coordinate Bench of this Court in

L.P.A. No. 571 of 2019, titled as Naresh Kumar & Ors. Vs. The

State of Bihar & Ors., and the directions contained therein shall

also govern the instant case mutatis mutandi.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/PKP-

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