Vivek Kumar vs The State Of Bihar
2023 Latest Caselaw 24 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.10335 of 2019
     ======================================================

Vivek Kumar Son of Hemant Kumar Yadav Resident of Village and Post- Rampur, Ward No. 13, P.S. Murliganj, Distt- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar through Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Level Selection committee Madhepura through its Chairman.

3. The District Magistrate, Madhepura.

4. The Sub-Divisional Officer, Madhepura.

5. The Block Supply Officer Murliganj, Madhepura.

6. Shobhanand Kumar Son of Bal Krishna Yadav Resident of Village and Post -

Rampur, Ward No. 12, P.S.- Murliganj, Distt- Madhepura

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

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 02-01-2023 Heard Mr. Vijay Anand, learned Advocate for the

petitioner and Mr. Upendra Pratap Singh for the State.

The petitioner is aggrieved by grant of license to

respondent no. 6, who was placed below the petitioner in

the provisional merit-list which was prepared after inquiry.

Later, the final list shows that the petitioner was not Patna High Court CWJC No.10335 of 2019 dt.02-01-2023

considered at all even though he is a Graduate and has

computer ability.

It is the contention of the petitioner that in the

event of all qualifications of his and the respondent no. 6

being same, a person with higher marks in Graduation was

to be selected. If that were also same, then perhaps a

person, older in age was to be given preference in

accordance with the rules.

There appears to be no consideration over all this

as the name of the petitioner does not find mention at all

in the final merit list.

In view of the controversy raised on behalf of the

petitioner with respect to the candidature of respondent

no. 6, we deem it appropriate to direct the petitioner to

make a suitable complaint before the Commissioner of the

Division within a period of thirty days, who after affording

reasonable opportunity to him, shall dispose of such

complaint within a period of sixty days thereafter with a Patna High Court CWJC No.10335 of 2019 dt.02-01-2023

reasoned order. The respondent no. 6 shall also be heard

before any decision is taken.

With the afore-noted direction/observation, the

petition stands disposed of.

                                                                    (Ashutosh Kumar, J)


                                                                    (Satyavrat Verma, J)


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Uploading Date          05.01.2023
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