Patna High Court
Kuldeep Yadav vs District Selection Committee And Ors on 8 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17852 of 2015
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Kuldeep Yadav S/o Chhote Lal Yadav, Resident of Village - Kalyanpur, P.S.
and District - Jamui.
... ... Petitioner/s
Versus
1. District Selection Committee through District Magistrate, Jamui.
2. Principal Secretary, Revenue and Land Reforms Department, Government of
Bihar, Patna.
3. Principal Secretary, General Administration Department, Government of
Bihar, Patna.
4. Divisional Commissioner, Munger Division, Munger.
5. District Magistrate cum Chairman, District Selection Committee, Jamui.
6. Nazarat Deputy Collector, Jamui.
... ... Respondent/s
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 08-01-2024
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
2. The present writ petition has been filed for the
following reliefs :-
"I. That, for commanding and directing the
respondents to ensure the appointment of
petitioner on the vacant sanctioned Gr. D Post in
Jamui Collectorate and other Government offices
in the Jamui District, as the petitioner being an
Patna High Court CWJC No.17852 of 2015 dt.08-01-2024
empanelled candidate of 2003, but in 2013 when
panel was revised his candidature has been
illegally and arbitrarily rejected for want of
renewal of his name in employment exchange,
whereas vide order dated 08.11.2012 passed in
MJC No. 2950 of 2012 arising out of same 2003
panel, in the mid of preparation of revision of
panel respondent no. 3 has undertaken before this
Hon'ble Court that contempt petitioners will nto
require to apply through employment exchange.
Be that as it may instead of giving preference in
the new panel his candidature has been rejected
for want of renewal of his name in the employment
exchange.
II. That, petitioner further prays for holding that
candidature of petitioner has been illegally
rejected as he was not required to apply in 2012
with renewed employment exchange number and
further for holding that persons below from the
petitioner in the panel of 2003 has already been
appointed in 2013, 2014, and also 2015 and as
such petitioner who stands at serial no. 212 in
Patna High Court CWJC No.17852 of 2015 dt.08-01-2024
2003 panel is also entitled for similar treatment of
appointment as has been given to the more than
100 persons of same panel of the year of 2003.
III. That, for any other relief(s) for which
petitioner is found entitled in the eye of law.
3. Pursuant to an advertisement in the year 2001, the
petitioner and other similarly situated persons have applied for the
post in question and name of the petitioner was also figured in 400
candidates and the petitioner was placed at serial no. 212.
Thereafter, a number of empanelled persons approached this
Hon'ble Court in CWJC No. 15196 of 2004 and the Hon'ble Court
after hearing the parties disposed of the writ petition with a
direction to the respondents to ensure the appointment of
empanelled candidates including the petitioner. Thereafter, the
State has preferred LPA No. 709 of 2006 before the Division
Bench and the Division Bench after hearing the parties has pleased
to dismiss the said LPA vide order dated 04.04.2007.
4. Learned counsel for the petitioner submits that
despite of dismissal of LPA No. 709 of 2006, the respondents have
not appointed the petitioner and the State-respondent preferred
SLP before the Hon'ble Apex Court in SLP (Civil) No. 22237 of
Patna High Court CWJC No.17852 of 2015 dt.08-01-2024
2007, SLP (Civil) No. 22238 of 2007 but in the year 2012 the said
SLPs have been withdrawn by the State-respondents.
5. Thereafter, the State authority has issued a fresh
advertisement i.e. Annexure-10, pursuant to that the petitioner has
also applied for the same but the respondent-authorities has not
selected the petitioner on the ground that the name of the petitioner
has not come through the Employment Exchange.
6. Learned counsel for the petitioner submits that some
of the similarly situated persons have approached the Hon'ble
Court in MJC No. 2950 of 2012 for non-compliance of the order
dated 04.07.2005 passed in CWJC No. 15196 of 2004 and in the
contempt proceeding the Principal Secretary, General
Administration Department had appeared before this Court and
gave an undertaking before this Hon'ble Court that in light of the
advertisement in question the petitioner is not required to apply
through the Employment Exchange and petitioner shall also get
age relaxation as per the order of this Hon'ble Court.
7. Learned counsel for the petitioner further submits
that despite of the clear cut undertaking by the Principal Secretary,
General Administration Department, the petitioner has debarred on
the ground that the petitioner's name is not with the up-grade
Employment Exchange.
Patna High Court CWJC No.17852 of 2015 dt.08-01-2024
8. Considering the aforesaid facts, the District
Magistrate-cum-Chairman, District Selection Committee, Jamui
(respondent no. 5) is directed to pass a fresh and speaking order
within a period of three months from the date of receipt/production
of a copy of this order in accordance with Rule, taking into
account the aforesaid facts as discussed above.
9. The writ petition stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 16.01.2024
Transmission Date N.A.
