Hari Om Kanaujia vs The State Of Bihar
2023 Latest Caselaw 888 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1655 of 2022
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Hari Om Kanaujia Son of Baij Nath Kanaujia, Resident of 64, Nauvasta, Kalyanpur, Kanpur Nagar, Uttar Pradesh, Pin code - 808017.

... ... Petitioner/s Versus

1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2. Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, (Bailey Road), Patna.

3. The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, (Bailey Road), Patna.

4. The Joint Secretary- cum- Examination Controller, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, (Bailey Road), Patna.

5. The Joint Secretary - cum- Examination Controller, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, (Bailey Road), Patna.

6. The Deputy Secretary - cum- 1st Appellate Authority, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, (Bailey Road), Patna.

7. The High Court of Judicature at Patna in its Administrative side through the Registrar General Patna High Court, Patna.

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

For the Petitioner/s : Mr.Jeetendra Narayan, Adv. For the State : Mr. Suman Kumar Jha, AC to AAG3 For the BPSC : Mr. Sanjay Pandey, Adv.

Mr. Nishant Jha, Adv.

For the High Court : Mr. Piyush Lall, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 22-02-2023

Heard Mr. Jeetendra Narayan, learned advocate

for the petitioner, Mr. Sanjay Pandey for the BPSC and Mr.

Piyush Lall for the Patna High Court. The State is

represented by Mr. Suman Kumar Jha. Patna High Court CWJC No.1655 of 2022 dt.22-02-2023

The petitioner, a candidate in the 30 th Bihar

Judicial Service Competitive Examination, has sought an

intervention of this Court for his accommodation in the

service as he was left behind by only one mark.

It has been urged on behalf of the petitioner that

he had secured 516 marks and the cut-off marks in his

category (UR) was 517.

The aforenoted writ petition was filed on the

presumption that the vacancies are still available and

therefore, the case of the petitioner could be

sympathetically considered.

The learned counsel for the Commission as also

the High Court would contend that all the vacancies have

been filled. Otherwise also, the petitioner has not attained

the qualifying marks for being considered even if that be

by one mark.

The claim of the petitioner that his answer-book

was not evaluated properly has not been pleaded in the

writ petition.

Patna High Court CWJC No.1655 of 2022 dt.22-02-2023

There does not appear to be any merit in this writ

petition and therefore it is dismissed.

(Ashutosh Kumar, J)

( Harish Kumar, J) rishi/-

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Uploading Date          23.02.2023
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