Patna High Court
Ashish Kumar vs The State Of Bihar on 9 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.243 of 2022
In
Civil Writ Jurisdiction Case No.797 of 2021
======================================================
Ashish Kumar, male, aged about 33 years, Son of Ram Narayan Malakar,
Resident of New Colony, Saharsa, Ward No.-08, P.S.-Saharsa Sadar, District-
Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Central Administration Department, Govt. of Bihar,
Patna.
3. The Bihar Staff Selection Commission through its Secretary, Patna.
4. The Chairman, Bihar Staff Selection Commission through its Secretary,
Patna.
5. The Secretary, Bihar Staff Selection Commission through its Secretary,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajendra Narain, Sr. Adv.
Mr. Shekhar Kumar Singh, Adv.
For the State : Dr. Mankeshwar Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 09-02-2023
Heard Mr. Rajendra Narain, the learned
Patna High Court L.P.A No.243 of 2022 dt.09-02-2023
Senior Advocate for the appellant and Dr. Mankeshwar
Tiwary for the State.
2. The appellant stands seriously aggrieved by
the judgment and order dated 17-01-2022 passed by a
learned Single Judge of this Court in C.W.J.C. No. 797
of 2021, dismissing his petition but reserving the liberty
to him to file a fresh petition in accordance with law.
3. Though the appellant had come up before
the Court for quashing of the final result dated 29-10-
2018 for the selection of Junior Engineers
(Civil/Mechanical), which was prepared after a
Competitive Examination held on 25-02-2018 by the
Bihar Staff Selection Commission, Patna, but the relief
that was sought to be pressed for was issuance of a
Mandamus, commanding the Bihar Staff Selection
Commission to rectify the category of the caste of the
petitioner, which had wrongly been taken to be
Backward Caste (B.C.) when, in fact, he should have
been treated as a person from Most Backward Caste
Patna High Court L.P.A No.243 of 2022 dt.09-02-2023
(M.B.C.).
4. The afore-noted submissions were
attempted to be made on the basis of documents
demonstrating that the appellant belonged to M.B.C.
category. If this correction would have been carried out,
the appellant would have qualified as the qualifying
marks for M.B.C. category was fixed at 34%.
5. It has been submitted by the counsel
appearing for the appellant that many seats remained
vacant and, therefore, if such correction would have
been carried out, it would not have displaced any person
in whose favour any third party right would have been
created.
6. However, from the perusal of the writ
petition, we do not find such specific case of the
appellant before the learned Single Judge.
7. Nonetheless, since the learned Single
Judge has given a liberty to the appellant (petitioner) to
file a fresh petition in accordance with law, we do not
Patna High Court L.P.A No.243 of 2022 dt.09-02-2023
wish to interfere with the order and direct that the
appellant shall be well advised to file a fresh petition in
accordance with law.
8. The appeal stands disposed off accordingly.
(Ashutosh Kumar, J)
(Satyavrat Verma, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10-02-2023
Transmission Date N/A
