Md. Mazhar Uddin vs The State Of Bihar
2022 Latest Caselaw 1086 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7818 of 2021
     ======================================================

Md. Mazhar Uddin Son of Md. Jalal Uddin Resident of Mirzapur Bardah, Police Station - Dariyapur, District- Munger.

... ... Petitioner/s Versus

1. The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna

2. Bihar Staff Selection Commission Through its Secretary, Patna

3. The Secretary, Bihar Staff Selection Commission, Patna

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

     For the Petitioner/s      :       Mr. Syed Asgher Najmi
                               :       Mr. Alok Kumar
     For the Respondent/s      :       Mr.Lalit Kishore ( Ag )
                               :       Mr. Gyan Shankar, for SSC

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(i) For issuance of writ/ writs, order/ orders, direction/ directions in the nature of mandamus commanding upon the respondent authorities to issue the cut off marks for the category of grand children of freedom fighter for the post of City Manager of civic bodies (Nagar Nikay) for which application were invited by Bihar Staff Selection Commission, Patna.

(ii) For issuance of writ/ writs, order/ orders, direction/ directions in the nature of mandamus commanding upon the respondent authorities to fulfil the entire vacancy of 152 posts Patna High Court CWJC No.7818 of 2021 dt.11-02-2022

as they were published in their advertisement and invited the applications.

(iii) For issuance of writ/ writs, order/ orders, direction/ directions in the nature of mandamus commanding upon the respondent authorities to appoint the petitioner on the post of City Manager of Civic Bodies (Nagar Nikay) if he is in cutoff marks of reserved seats for grand children of Freedom Fighter.

(iv) For issuance of any other appropriate writ/writs, order/ orders, direction/ directions as your lordships may deem fit and proper in the facts and circumstances of the case."

3. Insofar as prayer No. 1 is concerned, it is not supported

by any policy decision of the State Government. The judiciary

cannot issue any direction for framing of policy decision in terms

of Apex Court decision in the case of P.U. Joshi & Others vs.

Accountant General & Ors. reported in (2003) 2 SCC 632

Insofar as prayer No. 2 and 3 are concerned, it is not supported by

any demand before the selection authority. Therefore, the

petitioner is at liberty to approach the selecting authority to notify

all the 152 vacancies of City Manager of Civil Bodies (Nagar

Nikay) pursuant to the advertisement. If the petitioner submits

such representation, the selecting authority is hereby directed to

examine and notify all the vacancies. If the selecting authority has

any other hurdle in notifying all the 152 vacancies, in that event,

necessary order shall be passed and communicated to the

petitioner as to why the selecting authority and appointing Patna High Court CWJC No.7818 of 2021 dt.11-02-2022

authority have restricted to only certain posts of City Manager of

Civic Bodies (Nagar Nikay).

4. With the above observations, writ petition stands

disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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