Patna High Court
The Secretary, Bihar Staff ... vs Jayant Shankar And Ors on 21 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1320 of 2018
In
Civil Writ Jurisdiction Case No.1454 of 2017
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The Secretary, Bihar Staff Selection Commission, Post - Vetenary College,
Patna
... ... Appellant/s
Versus
1. Jayant Shankar son of Late Gauri Shankar Ojha, resident of Mohalla-
MaulaBagh Ara, Behind Doctor Isha Hospital, P.S. Ara, Nawada, District-
Bhojpur.
2. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patn
3. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
4. The Director, Education Department, Government of Bihar.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Satyabir Bharti, Advocate
Ms. Prachi Pallavi, Advocate
For the State : Mr. Shashi Shekhar Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-12-2022
None appears for the respondent No. 1 - Jayant Shankar.
2. On 21.10.2022, following order was passed:
"This matter is heard via video conferencing.
Service of notice on respondent no. 1 be treated as
validly served.
In order to give one more opportunity to
respondent no. 1 relist this matter on 21.11.2022."
Patna High Court L.P.A No.1320 of 2018 dt.21-12-2022
3. Respondent No. 1 is a candidate for recruitment to the
post of Graduate Trained Assistant Teacher post. Pursuant to the
Advertisement issued in the year 2016 his candidature was not
considered for selection on the score that while filling up of
application form in respect of gender column, he has indicated
Female instead of Male. That may be trivial error, however,
candidates have been specifically given instruction in the
Advertisement that if there is any error or mistake committed by
candidate in that event his/her candidature would be cancelled.
4. The learned Single Judge has not appreciated the
aforesaid clause imposed in the Advertisement. In other words,
respondent No. 1 has violated the instructions to the candidates.
Apex Court in the case of Union of India vs. Mahendra Singh
vide C.A. No. 4807/2022 arising out of SLP (Civil) No. 19886 of
2019 decided on 25.07.2022 held that instructions to the
candidates for any recruitment is to be followed strictly. In the
light of the aforesaid decision, respondent No. 1 has not made out
a case.
5. That apart even on merit the last selected candidate under
General category Male has scored 497.3 marks whereas
respondent no. 1 has secured 458.2 marks, therefore, even on
merit respondent No. 1 has not made out a case. Accordingly,
Patna High Court L.P.A No.1320 of 2018 dt.21-12-2022
appeal stands allowed while setting aside order of the learned
Single Judge dated 09.04.2018 passed in C.W.J.C. No. 1454 of
2017.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 23.12.2022.
Transmission Date
