Patna High Court
Sumit Kumar vs The State Of Bihar on 2 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25241 of 2019
Sumit Kumar son of Sri Jagat Narayan Prasad Resident of Flat No. 101, Malabar
Resort, Anantpur, Chutia, P.O.- Chutia, P.S. Chutia, District- Ranchi, Jharkhand-
834001.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government of
Bihar, Patna.
3. The Bihar Public Service Commission through its Chairman, 15 Jawahar Lal
Nehru Marg, Bailey Road, Patna- 800001.
4. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg,
Bailey Road, Patna- 800001.
5. The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg,
Bailey Road, Patna- 800001.
6. The Controller of Examination, Bihar Public Service Commission, 15 Jawahar
Lal Nehru Marg, Bailey Road, Patna- 800001.
7. The Hon'ble High Court of Judicature at Patna through the Learned Registrar
General, Patna High Court, Patna.
8. The Learned Registrar General, Hon'ble High Court of Judicature at Patna,
Patna High Court, Patna.
9. Aditya Kumar Sharma Resident of Bhola Tola English, District- Lakhisarai,
Bihar- 811311.
10. Avichal Gyanesh C/o Sri Suresh Prasad, Resident of Thana Chowk, Sidhighat,
Near Town Police Station, District- Khagaria, Bihar- 851204.
11. Varsha Kumari Resident of Village- Mungraura, P.O.- Jamalpur, District- Munger,
Bihar- 811214.
... ... Respondents
Appearance :
For the Petitioner : Mr. Kumar Kaushik, Advocate
For the BPSC : Mr. Sanjay Pandey
Mr. Nishant Kr. Jha, Advocates
For the Patna High Court : Mr. Piyush Lal, Advocate
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE VIKASH JAIN)
Date : 02-09-2021
Heard learned counsel for the petitioner, learned counsel
for the BPSC as well as learned counsel for the Patna High Court
through video conference.
Patna High Court CWJC No.25241 of 2019 dt.02-09-2021
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
" (i) For issuance of order, direction or writ 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
commission on its website for appointment to Civil Judge
(Junior Division) in pursuance of Advertisement No.
06/2018 dated 23.08.2018 to the extent to which the
candidature of the petitioner, among others, has been
cancelled for alleged non-submission of original copy of
the character certificate, despite the fact that a scanned
copy of the aforesaid document was produced by the
petitioner on the date of interview (06.11.2019).
(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 who has submitted all
requisite documents 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 directing the respondent
commission to prepare and publish the updated result of
30th Bihar Judicial Services Competitive Examination
after considering the candidature of the petitioner for
appointment to Civil Judge (Junior Division) in pursuance
of Examination Advertisement No. 06/2018 dated
23.08.2018.
Patna High Court CWJC No.25241 of 2019 dt.02-09-2021
(iv) For issuance of an order, direction or an appropriate
writ for directing the respondent authorities to keep one
post of Civil Judge (Junior Division) vacant during the
pendency of the present writ application and further for
restraining the commission from making
recommendation of the last selected successful candidates
in the unreserved category until disposal of the present
writ application.
(v) For any other orders or direction which your Lordship
may deem fit in the interest of equity, justice and good
conscience."
3. At the outset itself, learned counsel for the petitioner
fairly states that the issues involved in the present writ petition
stand already decided in writ petitions filed by similarly situated
persons in C.W.J.C. No. 24282 of 2019 (Aarav Jain Vs. The Bihar Public
Service Commission and Ors.) and C.W.J.C. No. 2172 of 2020
(Ratnakar Dubey and Ors. Vs. The State of Bihar and Ors.), against
which, in turn, SLPs have been filed and are pending before the
Hon'ble Supreme Court.
4. Learned counsel for the BPSC as well as learned
counsel for the Patna High Court appear and have been heard.
5. Having regard to the stand of the petitioner, the
present writ petition is dismissed for the same reasons and in line
with the judgments passed in the aforesaid C.W.J.C. No. 24282 of
2019 (Aarav Jain Vs. The Bihar Public Service Commission and Ors.)
Patna High Court CWJC No.25241 of 2019 dt.02-09-2021
and C.W.J.C. No. 2172 of 2020 (Ratnakar Dubey and Ors. Vs. The State
of Bihar and Ors.).
(Vikash Jain, J)
( Anjani Kumar Sharan, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 08.09.2021
Transmission Date N.A.
