Patna High Court
Krishna Kumar vs The State Of Bihar on 4 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3539 of 2020
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Krishna Kumar Son of Mundirika Prasad, Resident of Vilalge-Pipra, P.S.-Ram
Krishna Nagar, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Genral Administrative Department Govt. of Bihar,
Patna.
3. The Director General, Bihar State Sports Authority, Bihar.
4. The Secretary, general Administrative Department, Govt. of Bihar, Patna.
5. The Secretary Art. Culture and Youth Department, Govt. of Bihar, Patna
6. The Additional Secretary, General Administratiove Department, Govt. of
Bihar, Patna.
7. The Joint Secretary General Administrative Departmnet Govt. of Bihar,
Patna.
8. The Under Secretary, general Administration Department Govt. of Bihar,
Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash
For the Respondent/s : Mr.Md.Nadim Seraj (Gp5)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 04-01-2024
Counsel for the petitioner and Counsel for the State is
present.
2. The present writ petition has been filed seeking
direction to appoint the petitioner who is outstanding sports
person against the vacancy published for the posts of clerk in
group C and group D under the provisions of "The Bihar
Outstanding Sports Person Appointment Rules 2014". Further
prayer has been made to quash Annexure-7 by which the
selection Committee has taken the decision/minutes which is
against the provision of "The Bihar Outstanding Sports Person
Appointment Rules 2014"
Patna High Court CWJC No.3539 of 2020 dt.04-01-2024
3. Counsel for the State submits that the petitioner has
filed up the form in the light of the advertisement made in
compliance of The Bihar Outstanding Sports Person
Appointment Rules 2014 made in the year 2015.
4. Counsel submits that the petitioner has submitted his
application form, but he received information that advertisement
was modified and the game under which the petitioner has filed
application has been removed from the list. As such, the cause
of action has been created for the petitioner to move before this
Hon'ble Court.
5. Counsel submits that the petitioner is player of game
namely "Atya Patya" and having certificate which he has
annexed as Annexure-4 series.
6. Counsel for State submits that the action taken by the
Officials has been done completely in accordance with the
aforesaid Rule. In Rule-9, there is provision to remove any
difficulty under which power is vested that special direction
may be issued.
7. Counsel for the State submits that the said "Atya
Patya" game are not played in Bihar rather it is primarily played
in Maharashtra and All India Federation is also registered at
Nagpur as per Annexure-5 Series.
Patna High Court CWJC No.3539 of 2020 dt.04-01-2024
8. The certificate attached by the petitioner (Annexure-4)
series is also not indicating that petitioner is representing which
part of the State, which part of University or College. Therefore,
candidature of the petitioner is at all not accepted.
9. Upon going through the pleading of the parties, it
transpires to this Court that the said law, namely, The Bihar
Outstanding Sports Person Appointment Rules 2014" has been
specially designed to select the outstanding sports person of
Bihar, but from the pleading of the parties, it is not clear that in
which part of the Bihar, this Aatya Patya game is recognized and
being played.
10. The petitioner has not disclosed in petition that by
which organization of Bihar, he attached and this game used to
be played. It is due to this reason, this Court is not inclined to
grant any relief to the petitioner, and therefore, on the point of
locus standi itself, this writ petition is dismissed.
(Dr. Anshuman, J)
Sunnykr/-
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