Sanjay Kumar vs The State Of Bihar
2021 Latest Caselaw 5065 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.302 of 2021
                                       In
                 Civil Writ Jurisdiction Case No.18881 of 2019
     ======================================================

1. Sanjay Kumar, S/o Suryadeo Pd. Kushwaha, R/o Village-Miyagundi, P.S.-

Guthani, District-Siwan

2. Sanjeev Kr. Pathak, S/o Byas Pathak, R/o Village -Semara, P.S.-Swmra, District-Siwan.

3. Fulena Yadav, S/o Baliraj Yadav, R/o Village -Sumerpur, P.S.-Mairwa, District-Siwan.

4. Manoj Kumar Yadav, S/o Motilal Yadav, R/o Village -Patar Bhusitola, P.S.-

Raghunathpur, District -Siwan.

5. Dharmendra Kumar, S/o Baharam Mahto, R/o Village-Bharkuiyan, P.S.-

Barauli, District-Gopalganj

6. Raju Kumar Choudhary, S/o Deo Raj Choudhary, R/o Village-Koirigava, P.S.-Barharia, District-Siwan

7. Santosh Kumar Pandey, S/o Lakhdev Pandey, R/o Village-Kapiya Nizamat, P.S.-Maharajganj, District-Siwan

8. Vikash Kumar, S/o Raghubansh Singh, R/o Mohalla-Jajak Toli, P.S.-Chowk Patna City, District-Patna

... ... Appellant/s Versus

1. The State of Bihar through Principal Secretary, Home Department, Govt. 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 Shyam Das Rajak, R/o Village-Chhotki Delha Gusal Khan Road Gaya, P.S. Gaya, District-Gaya.

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

For the Appellant/s : Mr. Avinash, Advocate For the Respondent/s : Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 Patna High Court L.P.A No.302 of 2021 dt.27-10-2021

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE A. M. BADAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 27-10-2021

The instant Letters Patent Appeal has been

preferred against the judgment dated 10.03.2021 passed by

a learned Single Judge of this Court in C.W.J.C. No. 18881

of 2019, titled as Sanjay Kumar & Ors Vs. The State of

Bihar and Ors.

Learned counsel appearing for the parties pray

that the present appeal be disposed of in terms of 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.

The judgment dated 31st of January, 2020, passed

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

Vs. The State of Bihar & Ors, is reproduced, in toto, 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 Patna High Court L.P.A No.302 of 2021 dt.27-10-2021

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 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."

As jointly prayed for, the instant Letters Patent

Appeal stands disposed of in terms of judgment dated 31st

of January, 2021, passed in L.P.A. No. 571 of 2019, titled

as Naresh Kumar & Ors. Vs. The State of Bihar & Ors., Patna High Court L.P.A No.302 of 2021 dt.27-10-2021

and the directions contained therein shall also govern the

instant case mutatis mutandi, to the extent possible.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(A. M. Badar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 28.10.2021 Transmission Date