Pankesh Kumar vs The State Of Bihar
2022 Latest Caselaw 1632 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.2789 of 2022
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1. Pankesh Kumar Son of Lakshman Mandal Resident of Village - Nocha, P.S.

- Bela, District- Sitamarhi.

2. Pranaw Sinha Son of Binay Kumar Sinha Resident of Village - Narkatiaganj, P.S. - Shikharpur, District- West Champaran.

3. Rana Pratap Singh Son of Binod Singh Resident of Village - Karah, P.S. -

Baniyapur, District- Saran.

4. Akshansh Son of Ajay Kumar Upadhyay Resident of Patna, P.S. -

Kadamkuan, District- Patna.

5. Akash Anand Son of Sanjay Kumar Resident of Village - Bairia, P.S. -

Mehdi, District- Purnea.

6. Aditya Kumar Son of Late Triloki Nath Nishad Resident of New Taridih, P.S. - Bodh Gaya, District- Gaya.

7. Anant Kishore Son of Arvind Kumar Lal Resident of Village - Munna Chak, P.s. - Sampatchak, District- Patna.

8. Ashish Ranjan Son of Mahesh Singh Resident of Village -

Kamalpursinghiya, P.S. - Bidupur, District- Vaishali.

9. Rahul Roshan Son of Ashok Kumar Resident of New Karbigahiya, P.S. -

Jakkanpur, District- Patna.

10. Divya Rani D/o Late Pramod Kumar Das Resident of Patna, P.S. Gardanibagh, District- Patna.

11. Priyanka Kumari D/o Suresh Singh Resident of Village - Srinagar, P.S. -

Mairwa, District- Siwan.

12. Prem Kumar Son of Jyotish Singh Resident of Village - Pipra, P.S. - G.B. Road (Tarwara), District- Siwan.

13. Govinda Kumar Son of Paras Nath Paswan Resident of Patna, P.S. - Rajiv Nagar, District- Patna.

14. Amita D/o Bhubneshwari Prasad Yadav Resident of Village - Tok Sihpur, P.S. - Gamharia, District- Madhepura.

15. Sant Bhagirath Son of Mahesh lal Ghosh Resident of Village - Gayghatta, P.S. - Gayghatta, District- Katihar.

16. Satya Kumar Son of Mahendra Prasad Resident of Village - Phulparas, P.S. -

Phulparas, District- Madhubani.

17. Dezi Kumari D/o Subhash Prasad Yadav Resident of Village - Khurasan, P.S. Rasalpur, District- Saharsa.

18. Kamalesh Kumar Son of Ram Babu Mahto Resident of Village - Lagma, P.S.

- Dumra, District- Sitamarhi.

19. Sudhanshu Kumar Son of Sitasharan Prasad Resident of Village - Mosimpur, P.S.Sheikhopur Sarai, District- Sheikhpura.

20. Sonali Singh D/o Yashwant Kumar Singh Resident of Village - Sirsa Biran, P.S. - Lalganj, District- Vaishali.

21. Namrata D/o Shri Narendra Kumar Resident of A.G. Colony, P.S. - Shastri Nagar, District- Patna.

Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

22. Ankita Kumari D/o Sikandar Pratap Singh Resident of Village - Kaliprasad, P.S. - Pirpainti, District- Bhagalpur.

23. Satya Prakash Yadav Son of Asharfi Chaudhary Resident of Village -

Jamsar, P.S. - Uchkagaon, District- Gopalganj.

24. Pratibha Kumari D/o Shiv Ji Ram Resident of Village - Khajaul Wazidpur, P.S. - Goraul, District- Vaishali.

25. Raksha D/o Chandan Kumar Jha Resident of Village - Novtol, P.S. -

Udakishunganj, District- Madhepura.

26. Priyanka Kumri D/o Lalit Prasad Singh Resident of Village - Fazalganj, P.S.

- Sasaram, District- Sasaram, Rohtas.

27. Shivani D/o Alok Kumar Singh Resident of Village - Andaur, P.S. Mohiuddin Nagar, District- Samastipur.

28. Gyan Prakash Son of Ram Pravesh Prasad Resident of Village - Mir Bigha, P.S. Warsaliganj, District- Nawada.

29. Raushan Kumar Sharma Son of Rajendra Kumar Sharma Resident of Village

- Saidhani Chak, P.S. - Parsa, District- Patna.

30. Jitendra Kumar Son of Late Ram Swaroop Singh Resident of Village -

Paharpur, P.S. - Akbarpur, District- Nawada.

31. Bipin Kumar Son of Bibhishan Prasad Yadav Resident of Village -

Kewatgama, P.S. Kumarkhand, District- Madhepura.

32. Sandeep Kumar Singh Son of Jung Bahadur Singh Resident of Village -

Lamichour, P.S. - Bhore, District- Gopalganj.

33. Rupam Kumari Paswan D/o Rajdeo Paswan Resident of Village - Bhahma, P.S. - Pupri, District- Sitamarhi.

34. Jitendra Kumar Son of Ramdas Ram Resident of Village - Rasalpur Tole, P.S. - Dumra, District- Sitamarhi.

35. Shyamla Son of Chandra Mohan Prasad Resident of Samastipur Sadar, P.S. -

Muffasil, District- Samastipur.

36. Manju Kumari D/o Khageshwar Prasad Yadav Resident of Supaul, P.S. -

Supaul, District- Supaul.

37. Munna Kumar Son of Uma Shankar Singh Resident of Village - Tendua, P.S.

- Kargahar, District- Rohtas.

38. Ajeet Kumar Son of Shivji Mahto Resident of Village - Pusaho, P.S. -

Bithan, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Animal Husbandry and Fisheries, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Animal Husbandry and Fisheries, Govt. of Bihar, Patna.

3. The Chairman, Bihar Technical Service Commission, Patna.

4. The Secretary, Bihar Technical Service Commission, Patna.

5. The Vice Chancellor, Bihar Animal Sciences University, Patna. Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

6. The Registrar, Bihar Animal Sciences University, Patna - 14.

7. The Dean, Bihar Vetenary College, Sheikhpura, Patna - 14.

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

       For the Petitioner/s     :       Sri. P.K. Shahi, Sr. Advocate
                                :       Mr. S.S. Sundaram, Advocate
       For the B.T.S.C.         :       Mr. Nikesh Kumar, Advocate
       For the State            :       Mr. Sajid Salim Khan (SC-25)
                                :       Mr. Wasi Ahmad Khan (AC to SC-25)
       For the Intervenor
       Respondents              :       Mr. Niranjan Kumar, Advocate
                                :       Mr. Kumar Kishan
       For the University       :       Mr. Ashok Kumar Mishra, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 08-03-2022

Heard learned counsel for the parties.

State counsel accepts notice for respondent nos. 1,

2 and 7.

Mr. Nikesh Kumar appeared for respondent nos. 3

and 4.

Mr. Ashok Kumar Mishra accepts notice for

respondent nos. 5 and 6.

In the instant petition, petitioner has prayed for the

following relief/reliefs:

"Through the instant writ

application, the petitioners pray for

issuance of an appropriate writ/writs,

order/orders, direction/directions for

granting following relief/reliefs:

Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

i. For a direction upon the

concerned respondents to extend an

opportunity to the petitioners for

participation in the selection process

commenced through the Advt. No.

02/2022 dated 21.01.2022 which was

issued for selection and appointment

to the post of Touring Veterinary

Officer against 624 vacancies.

ii. For a direction upon the

concerned respondents to extend the

cut-off date i.e., 23.02.2022 for

receiving application of the said advt.

in order to allow the petitioners to

submit their application who has been

declared successful in the theory and

practical examination of Bachelor of

Veterinary Science and Animal

Husbandry (B.V.Sc. & A.H.) and

presently in the mids of their

internship which was scheduled to be

completed on 31.03.2022.

Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

iii. For grant of any other

relief/reliefs to which the petitioners

are found entitled to."

Undisputedly, petitioners were not eligible to be

participated to the advertised post of Touring Veterinary Officer

against 624 vacancies as they have not fulfilled eligibility

criteria as on 23.02.2022. The petitioners were pursuing

Bachelor of Veterinary Science and Animal Husbandry (for

short 'B.V.Sc. & A.H.'), such course should have been

completed before 31st of December, 2020 in the light of the

communication of the Government of India dated 24th

November, 2020 (Annexure-10). Such decision is with reference

to advisory dated 17.06.2020 of the Government of India.

However, University could not adhered to the Government of

India directives in completing the examination before 31 st

December, 2020. The reason being that the Covid-19 pandemic

was in vogue as is evident from the affidavit filed on behalf of

the University. In this backdrop, whether the petitioners are

entitled to relaxation of last date of submission of application

from 23.02.2022 to 1st week of April, 2022 or not, for the

reasons that petitioners have completed internship on

31.03.2022. Petitioner were denied opportunity of completing Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

internship timely due to postponement of examination. Any

relaxation of last date of submission of application to any civil

post, it is a matter of policy of the State Government. Policy

matters cannot be taken note of by the Writ Courts and to issue

any direction to the State Government or authority to take policy

decision in particular manner. In other words, in the present

case, question of extending cut off date from 23.02.2022 to any

other date. In this regard, the petitioners were stated to have

approached the State Government vide representation

(Annexure-5), the State Government has not taken any action

either accepting or rejecting the petitioners' grievance. In the

light of these facts and circumstances, the State Government is

hereby directed to examine the petitioners'/proposed

respondents' representation read with affidavit of the University

and proceed to either accept the petitioners' grievance or reject

the petitioners' grievance within a period of one month from the

date of receipt of this order.

Mr. Niranjan Kumar, learned counsel for the

intervenor respondents, submitted that he has filed Interlocutory

Application to come on record and oppose the petitioners'

grievance.

In the light of the aforesaid direction, the Patna High Court CWJC No.2789 of 2022 dt.08-03-2022

petitioners' right is not affected for the reasons that government

has to take policy decision either to extend or not to extend the

cut off date from 23.02.2022 to any other date or not pursuant to

the Advertisement No.2/2022 dated 21.01.2022 for selection and

appointment to the post of Touring Veterinary Officer against

624 vacancies. Therefore, the aforesaid I.A. do not survive for

consideration.

Accordingly, I.A. stands disposed of.

At this stage, learned counsel for the petitioners

submitted that the cut off date fixed pursuant to the

Advertisement No.2/2022 as 23rd February, 2022 has been

already modified and the cut off date has been changed to

05.03.2022. This may also be taken note of by the State

Government while considering the petitioners' grievance.

With the above observation, writ petition stands

disposed of.

(P. B. Bajanthri, J) Ankit/-

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                11.03.2022
Transmission Date                 NA