Ms. Leena Mehta vs The State Of Bihar
2023 Latest Caselaw 901 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.2524 of 2022
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Ms. Leena Mehta Daughter of Late Panchu Mehta Resident of North Sri Krishnapuri, House No- 40, Sardar Patel Path, P.O. and P.S. Krishnapuri, District- Patna.

... ... Petitioner/s Versus

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

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Department of Law and Justice through its Secretary cum legal Remembrancer, New Secretariat, Patna, Bihar

4. The Secretary cum Legal Remembrancer, Department of Law and Justice, New Secretariat, Patna, Bihar

5. The Hon'ble High Court of Judicature of Patna through its Registrar General.

6. The Registrar General, Hon'ble High Court of Judicature of Patna.

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

For the Petitioner/s : Mr. Chakrapani, Adv.

Mr. Madhuresh Singh, Adv.

Mr. Dipak Kumar, Adv.

Mr. Dipak Kumar For the State : Mr. Gyan Prakash Ojha, GA-7 Mr. Sanghmitra, AC to GA-7 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 : 23-02-2023

Heard Mr. Chakrapani, learned advocate

for the petitioner and Mr. Piyush Lall, learned

advocate for the High Court.

The petitioner has filed this writ petition

seeking a direction to the respondents to award Patna High Court CWJC No.2524 of 2022 dt.23-02-2023

her 0.94 marks, which would constitute 0.38% and

recommend her for being appointed against the

reserved category candidates in the 20 th Judicial

Examination for District Judge (Entry Level).

The minimum qualifying marks in

aggregate of the written as well as viva-voce test

was kept at 112.50 marks whereas the petitioner

had obtained 111.56 marks, falling short by less

than 1 mark than the cut off marks fixed.

The concern of the petitioner is that no

SC category candidate has passed in the

examination and the vacancy remained unfilled

and therefore such grace marks ought to be given

to the petitioner.

Mr. Lall, the learned advocate for the

High Court contends that the vacancy for the

reserved category has been carried over to the

following year and the 21st Examination has also

been conducted against the Advertisement No.

BSJS/1/2021, which includes 6 backlog vacancies of

SC Category (3 vacancies of the last selection

process and 3 vacancies of the second last Patna High Court CWJC No.2524 of 2022 dt.23-02-2023

process).

For the aforenoted examination,

screening test has been held on 06.03.2022 and

written test has been conducted on 24.07.2022.

The result of the succeeding process but has not

yet been announced.

The learned advocate for the petitioner

then submitted that on an earlier occasion, in the

year 2016, grace marks were given to the

candidates who failed short of the cut off marks by

lesser percentage.

In response to the aforenoted statement,

Mr. Lall, submits that in the 2016 Examination,

there was no minimum qualifying marks fixed for

viva-voce test and therefore any concession

granted to candidates in the aforesaid process,

cannot be made applicable in case of the

petitioner.

In the event of the petitioner not having

secured the minimum qualifying marks in her

category, there is no way in which any concession

can be given to her or any direction could be Patna High Court CWJC No.2524 of 2022 dt.23-02-2023

issued to either the Commission or the State or

the High Court.

There is no merit in the petition. it is

dismissed.

(Ashutosh Kumar, J)

( Harish Kumar, J) rohit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          28-02-2023
Transmission Date