Patna High Court
Pankaj Kishore vs The State Of Bihar on 17 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2674 of 2022
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1. Pankaj Kishore S/o Nawal Kishore Singh Resident of Near Middle School,
P.O.-Paighambarpur, P.S.-Sakra, District-Muzaffarpur, Bihar-843119.
2. Sanjay Kumar Mahto S/o Raj Kumar Mahto, Resident of Kali Esthan, P.O.-
Lalabagh, P.S.-Laheriasarai, District-Darbhanga, Bihar-846004
3. Ram Babu Mahto S/o Sushil Kumar Mahto, Resident of Hanuman Nagar
Navatoliya, P.O.-Benipur, P.S.-Bahera, District-Darbhagna, Bihar-847103.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Fisheries Department,
Government of Bihar.
2. The Principal Secreary, General Administration Department, Bihar, Patna.
3. The Secretary, Bihar Stte Technical Service Commission, 19, Harding Road,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prince Kumar Mishra, Advocate
For the Respondent/s : Mr. Asif Kalim, AC to AAG-12
For Technical Commission: Mr. Nikesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-05-2022
Heard learned counsels for the parties.
2. In the instant petition, petitioners have prayed for
following reliefs:-
"(a) For issuance of writ in the
nature of mandamus directing and
commanding upon the respondent authorities to
grant weightage to the petitioners for 'Work
Experience' in terms of clause 3(ii) of the
Advertisement No. 03/2021 dated 06.04.21
issued by Bihar Technical Service Commission
(for brevity referred as "Commission") as they
have been working/Teaching in the schools of
Patna High Court CWJC No.2674 of 2022 dt.17-05-2022
Government of Bihar for more than 10 years.
(b) For holding and declaring that
the petitioners are entitled for grant of
weightage in terms of clause 3(ii) of the
Advertisement No. 03/2021 as they have been
working under the State of Bihar as teacher and
are fully eligible for grant of weightage in
terms of Advertisement No. 03/2021.
(c) For holding and declaring that
the action of respondent authorities in
withdrawing/reducing the 25 marks awarded
for experience is in complete derogation of the
clause 3(ii) of the Advertisement No. 03/2021
which inter alia contemplates that persons who
are working under the services of state of Bihar
would be entitled for grant of weightage of
upto 25 marks wherein 5 marks for each year
of experience would be granted.
(d) For any other relief/reliefs
which this Hon'ble Court deems fit."
3. Petitioners are candidate for recruitment to the post
of Fisheries Development Officer.
4. Short question for consideration in the present
petition is whether petitioners are entitled to weightage marks of
25 with reference to work experience or not? The petitioners were
awarded 25 marks initially and thereafter it was revised for which
petitioners have submitted their objections on 29.01.2022 before
process of selection is completed. The respondent-Commission has
not taken any decision as to why the petitioners' objections have
Patna High Court CWJC No.2674 of 2022 dt.17-05-2022
not been considered. Therefore, the Commission is hereby directed
to consider the petitioners' objections dated 29.01.2022 in respect
of awarding of weightage marks of 25 towards work experience
for the post of Fisheries Development Officer. In this regard, the
Commission is hereby directed to pass speaking order and
communicate the same to each of the petitioner while assigning
reasons as to why petitioners are not entitled to weightage marks
of 25, pursuant to the advertisement. Each of the
contention/objection raised by the petitioners in their objections
dated 29.01.2022 shall be dealt by the Commission while passing
speaking order.
5. If the process of selection to the post of Fishery
Development Officer is completed before the Commission passing
speaking order, such selection and appointment is subject to result
of the petitioners' grievance.
6. With the above observations, the present petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 23.05.2022
Transmission Date
