Patna High Court
Geeta Kumari vs The Chairman Staff Selection ... on 5 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3752 of 2020
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Geeta Kumari, Wife of Umesh Prasad, Resident of Village- Rupanchhap, Post
Office- Rupanchhap, Police Station- Barauli, District- Gopalganj.
... ... Petitioner/s
Versus
1. The Chairman Staff Selection Commission Veterinary College, Patna, Bihar.
2. The Secretary Staff Selection Commission, Veterinary College, Patna, Bihar.
3. The State of Bihar through Principal Secretary, Health Department,
Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Subhash Kumar, Advoate
For the State : Mr. Ravi Kumar, AC to GP-13
For the BSSC : Mr. Bikash Tiwary, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 05-01-2024
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bihar Staff
Selection Commission.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for quashing Memo No.
1557 dated 03.07.2019 whereby and whereunder candidature of
petitioner for her selection on the post of A.N.M. was cancelled
due to start mark (*) was given to her bearing roll No.
31619737.
3. Learned counsel for the petitioner further submits
that the petitioner appeared in the counseling-cum-interview for
the post of A.N.M. on 21.01.2017 in pursuance to advertisement
Patna High Court CWJC No.3752 of 2020 dt.05-01-2024
No.0310216 having Roll No.31619737. Vide Memo No.1557
dated 03.07.2019, the name of 6480 candidates recommended
who have been declared successful but among them 32
successful candidates were given the start mark (*) while 25
candidates were given (#) and their recommendation was kept
pending due to alleged violation of Clause 2 of the
advertisement and candidature of 32 candidates who were given
start mark (*) had been cancelled.
4. Learned counsel submits that a supplementary
counter affidavit has been filed, annexing Letter No.3777 dated
06th of June, 2017 issued by the Sr. Superintendent of Police,
Patna to the Chairman, Bihar Staff Selection Commission,
Patna, as Annexure - R/3 recommending impartial enquiry
against 62 candidates whose roll numbers were found in the
mobile phone of the then Secretary who was an accused in a
criminal case lodged under the Prevention of Corruption Act,
1988. He further submits that Clause 2 of the advertisement was
very clear that those candidates who will make pairvi whose
name shall not be recommended for selection.
5. Learned counsel for the SSC submits that the Roll
Number of the petitioner was found in the mobile phone of the
accused of this case and, therefore, the examiner has decided
Patna High Court CWJC No.3752 of 2020 dt.05-01-2024
that there is a gross violation of Clause 2 of the advertisement
and as such, the petitioner was not selected.
6. In response thereto, learned counsel for the
petitioner submits that from the document produced by the
Bihar Staff Selection Commission, it itself appears that there
were 62 roll numbers identified in the mobile phone of the
accused but out of 62, the action has been taken against only 32
for which no reason has been assigned by the Bihar Staff
Selection Commission.
7. Upon hearing the parties, this Court has put
specific questions upon the counsel for the Bihar Staff Selection
Commission that under what circumstances, the names of 32
persons have been stopped when a total 62 persons have been
identified in the mobile phone of the accused.
8. In further response, the learned counsel for the
Bihar Staff Selection Commission submits that with a view to
answering this question, he needs further time to verify from the
Commission in this regard.
9. Since the present matter has been pending before
this Court since 2020, therefore, this Court is of the opinion that
keeping pending this case further shall be an injustice to the
petitioner. As such, this Court directs the petitioner to file a
Patna High Court CWJC No.3752 of 2020 dt.05-01-2024
representation before respondent No.1, namely, the Chairman,
Bihar Staff Selection Commission, who shall pass a reasoned
and speaking order stipulating therein that under what
circumstances, the result of 32 roll numbers has been stopped
while 62 roll numbers were found in the mobile phone of the
accused. In the event, that the petitioner does not declare
successful, as that of other persons whose names are there in the
list of 62 roll numbers but whose roll numbers were figured in
the list of successful candidates, the Bihar Staff Selection
Commission shall pass a reasoned and speaking order in this
matter. All the exercises shall be completed by the Bihar Staff
Selection Commission within three months from the date of
production of a copy of this order.
10. With this observation and direction, the writ
petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 10/01/2024
Transmission Date NA
