Patna High Court
Anil Kumar vs The State Of Bihar on 17 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9353 of 2021
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Anil Kumar S/o Kapileshwar Yadav R/o Village- Chhapra Dhih, P.O.-
Kuardh, P.S.- Khajauli, Dist- Madhubani, present residing at Road No.-1,
Quarter No.12, Kazipur, Near Dinkar Golambar, Patna, Bihar- 800004.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Additional Secretary, General Administration Department, Government
of Bihar.
4. The Principal Secretary, Finance Department, Government of Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vishal Vikram Rana
For the Respondent/s : Mr. Lalit Kishore (AG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i. To modify the notification issued in
Memo no.- 1506, 3919 and 14565
dated 30.01.2012, 14.03.2012 and
18.10.2012 respectively by which the
petitioner was posted on the post of
Assistant has been declared contrary
to the terms in the advertisement
dated 02.04.20111 by which the
Patna High Court CWJC No.9353 of 2021 dt.17-02-2022
priorities to given to the candidates
having outstanding sports career and
prescribed educational qualification
in the District Offices whereas
similarly situated persons with lower
or similar outstanding have been
given posting in the offices notified
under Bihar Secretariat clerical cadre
service, whose pay scales are different
apart from that being additional
promotional avenues, which is not
notified for District cadre clerical
employed being violative of Article 14
of the Constitution of India.
ii. To direct the concerned respondents
to produce all connected records for
perusal of this Hon'ble Court.
iii. And for any other order/orders
which may appear fit and proper in
the facts of the present case."
The aforesaid relief relates back to the year 2012
whereas the present petition is presented in the year 2021,
Patna High Court CWJC No.9353 of 2021 dt.17-02-2022
therefore, the present petition is liable to be rejected on the
ground of delay and laches. The Apex Court in the case of State
of Jammu and Kashmir Vs. R.K. Zalpuri and others reported
in AIR 2016 SC 3006, Paragraph-20, which is held as under:
"20. Having stated thus, it is useful to
refer to a passage from City and Industrial
Development Corporation Vs. Dosu
Aardeshir Bhiwandiwala and others {(2009)
1 SCC 168}, wherein this Court while
dwelling upon jurisdiction under Article 226
of the Constitution, has expressed thus:-
"The Court while exercising its
jurisdiction under Article 226 is duty-bound
to consider whether:
(a) Adjudication of writ petition
involves any complex and disputed question
of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material
facts;
(c) The petitioner has any alternative
or effective remedy for the resolution of the
Patna High Court CWJC No.9353 of 2021 dt.17-02-2022
dispute;
(d) Person invoking the jurisdiction is
guilty of unexplained delay and laches;
(e) Ex facie barred by any laws of
limitation;
(f) Grant of relief is against public
policy or barred by any valid law; and host
of other factors".
One of the principle laid down in the aforesaid
decision of the Apex Court is that before entertaining petition
under Article 226 of the Constitution of India by the Writ Court,
Writ Court has to examine delay and laches. Hence, the present
case is squarely covered by the aforesaid decision on the point
of delay and laches.
Accordingly, writ petition stands dismissed.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.02.2022
Transmission Date NA
