Manjay Kumar vs The State Of Bihar
2022 Latest Caselaw 846 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.4644 of 2021
     ======================================================

Manjay Kumar Son of Birendra Rai, Resident of Village-Jalalpur, Salha, P.O.- Jalalpur, District-Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

2. The Director-in Chief Health Service, New Secretariat, Vikash Bhawan, Bailey Road, Patna.

3. The Exevutive Director, State Health Committee Bihar, Patna.

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

For the Petitioner/s : Mr.Rakesh Kumar For the Respondent/s : Mr. Nagendra Pd. Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022

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

following reliefs:

"1. That, this is an application on behalf of the above named petitioner for issuance of appropriate writ(s), order(s), direction(s) to the Respondent authorities for the following relief(s):-

(i) To issue writ mandamus in nature directing the respondent authorities to give fresh advertisement with direction to apply application for the post of GNM without resignation certificate and pass certificate because result of GNM has not published till date due to Covid-19 cases.

(ii) Further to issue writ mandamus in nature directing the Respondent authority to accept the petitioner's application without passing certificate with condition certificate must Patna High Court CWJC No.4644 of 2021 dt.01-02-2022

be deposit after getting result of GNM.

(iii) To wny other relief(s) for which the petitioner is entitled for in facts and circumstances of the case."

3. Petitioner is not entitled to the aforesaid relief for the

reasons that Respondent No. 3 advertised the post of GNM on

26.12.2020 by fixing the last date on 20 th January, 2021 whereas the

present petition was presented on 08.01.2021, i.e. much before the

last date of submission of online application, namely 20 th January,

2021.

4. In the light of these dates and events, petitioner is not

entitled to the aforesaid relief. That apart, for issuance of writ of

mandamus petitioner has not approached the concerned respondent.

5. In the light of Apex Court's decision in the case of

Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R.

1977 SC 276, petitioner is not entitled to writ of mandamus unless he

establishes legal/statutory right followed by demand before the

competent authority. Accordingly, the instant petition stands

dismissed.

(P. B. Bajanthri, J)

rakhi/-

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