Patna High Court
Deepak Jha vs The State Of Bihar on 11 February, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2079 of 2025
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Deepak Jha son of Govind Jha, Resident of Village and P.O.-Chandrain, P.S.-
Nauhata, District-Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Science and Technology, Government of Bihar,
Patna.
3. The Principal Secretary, Irrigation Department, Government of Bihar, Patna.
4. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
5. The Principal Secretary, Planning and Development Department,
Government of Bihar, Patna.
6. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
7. The Principal Secretary, Rural Work Department, Government of Bihar,
Patna.
8. The Principal Secretary, Public Health and Engineering Department,
Government of Bihar, Patna.
9. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
10. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
11. The Principal Secretary, Minor Water Resources Department, Government
of Bihar, Patna.
12. The Bihar Technical Service Commission through its Secretary, Government
of Bihar, Patna.
13. The Secretary, Bihar Technical Service Commission, Government of Bihar,
Patna.
14. The Chairman, Bihar Technical Service Commission, Government of Bihar,
Patna.
15. The In-Charge Secretary, Bihar Technical Service Commission, 19 Harding
Road, Patna.
16. Khusbu Kumari, Daughter of Vikash Kumar through Bihar Technical
Service Commission, Patna. Serial No. 346, Registration No.
BR00150010108435.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Ms.Ritika Rani, Advocate
Patna High Court CWJC No.2079 of 2025 dt.11-02-2025
2/5
Mr. Vardaan Mangalam, Advocate
For the Respondent/s : Mr. Ajit Kumar, GA-9
For BTSC : Mr. Nikesh Kumar, Advocate
Mr. Akshansh Shanker, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 11-02-2025
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bihar Technical
Service Commission.
2. The present Writ Petition has been filed for the
following relief/s :-
" 1. For quashing the part of the result
published under the signature of the In-Charge
Secretary, Bihar Technical Service Commission on
20/12/24
as contained in Annexure P/11, in which
name of the petitioner do not find place against
advertisement no.1/2019 with respect to 60% open
category in the Economically Weaker Section.
II. For quashing the objection raised by
the Bihar Technical Service Commission by which
the candidature of the petitioner has been
rejected/cancelled as contained in Annexure P/7 by
which the petitioner has not been selected for
appointment to the post of Junior Engineer (Civil)
against advertisement no.1/2019 and private
respondent who has scored lesser marks then the
petitioner has been selected against advertisement
no.1/2019.
III. To hold and declare the Swami
Vivekanand University, Sagar, Madhya Pradesh, the
Patna High Court CWJC No.2079 of 2025 dt.11-02-2025
private institute from where the petitioner got his
Diploma in Civil Engineering is competent to issue
Diploma degree and the petitioner has not passed
Diploma in Non-Distance mode from a Deemed
University is arbitrary, illegal, malafide and bad-in-
law.
IV. For commanding the Bihar Technical
Service Commission to declare the result of the
petitioner and recommend the name of the petitioner
for appointment to the post of Junior Engineer
(Civil) against advertisement no.1/2019 in EWS
category considering the marks of the petitioner
62.625% and institution of the petitioner.
V For commanding the state respondents
to issue appointment letter considering the merit
position of the petitioner in the EWS category and
grant seniority, pay protection and other
consequential service benefits for which the
petitioner on the reason private respondent who has
scored lesser marks then the petitioner has been
selected against advertisement no.1/2019 for
appointment to the post of Junior Engineer (Civil) in
60% open in EWS category.
VI. Also for necessary relief/reliefs,
order/orders, direction/directions for which the
petitioners are entitled in the eye of law."
3. Learned counsel for the petitioner submits that his
case is squarely covered by the findings in the case of Shashi
Bhushan Prasad Singh vs. the State of Bihar and Ors. (SLP
Patna High Court CWJC No.2079 of 2025 dt.11-02-2025
(Civil) No. 7257 of 2023). He further submits that paragraphs 21
and 27(ii) of the judgment are particularly relevant. Learned
counsel also submits that a similarly situated individual has
been granted relief by a co-ordinate Bench of this Court in its
order dated 03.12.2024 passed in CWJC No. 241 of 2022, titled
Rishi Kumar vs. the State of Bihar and Ors. Paragraph 27 of
the said judgment is relevant. Hence, the petitioner's case
should be considered in light of the above-cited judgments.
4. Learned counsel for the Bihar Technical Service
Commission submits that the counter affidavit is not on record
and it shall be appropriate to pass order only after filing of the
counter affidavit.
5. Learned counsel for the State submits that while the
counter affidavit is necessary, he further submits that a direction
may be given to consider the petitioner's case, as his
representation is pending, within the domain of the two cited
decisions. If it is found that the petitioner is entitled to relief
under these decisions, then the petitioner should be granted the
appropriate relief.
6. In light of the submissions made, and particularly
keeping in mind the relevance of Clause 4C of the Bihar State
Litigation Policy, 2011, which is helpful to the petitioner, this
Patna High Court CWJC No.2079 of 2025 dt.11-02-2025
Court, considering the present facts and circumstances and the
fact that the petitioner's representation is still pending, hereby
disposes of the writ petition. The Court directs the petitioner to
file a fresh representation before Respondent No. 13, namely the
Secretary, Bihar Technical Service Commission, Government of
Bihar, Patna. The respondent No. 13, upon considering the
decisions rendered in the two cited cases and their applicability
to the petitioner's case, shall pass a final order within 60 days
from the date of receipt/production of a copy of this order.
Ashwini/- (Dr. Anshuman, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12/02/2025
Transmission Date NA
