Patna High Court
The State Of Bihar vs Niraj Kumar Verma on 20 January, 2025
Author: Ashutosh Kumar
Bench: Partha Sarthy, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.9 of 2025
In
Civil Writ Jurisdiction Case No.9413 of 2024
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1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Additional Chief Secretary-cum-Principal Secretary, General
Administrative Department, Government of Bihar, Patna.
3. The Secretary, Department of Agriculture, Government of Bihar, Patna.
4. The Director, Department of Agriculture, Government of Bihar, Patna.
... ... Appellant/s
Versus
1. Niraj Kumar Verma S/o- Late Manohar Prasad Verma, R/o- LIG, 101,
Shaheed Bhagat Singh Colony, Mustaffabad, P.O. and P.S- Rampur, Gaya,
Bihar.
2. Binod Kumar Singh S/o- Shri Fagendra Singh, Resident of Village and P.O.-
Chouki, P.S.- Sahebpur Kamal, District- Begusarai, Bihar- 851217.
3. Rajesh Kumar Sinha S/o Late Jainandan Prasad, Resident of C/o Shri Sunil
Kumar Sinha, Naya Gaon, Near Ganga X-ray, T.B. Hospital, P.O.-
Guljarbag, P.S.- Alamganj, District- Patna, Bihar- 800007.
4. Prabhat Kumar Singh S/o- Late Rameshwar Prasad Singh, Resident of
Village- Dharampur, P.O.- Madhodih, P.S.- Harpur, District- Munger, Bihar-
813221.
5. Shamsher Alam S/o- Wali Mohammad, Resident of Village- Lakhno, P.O.-
Chakand, P.S.- Chandauti, District- Gaya, Bihar- 804404.
6. The Bihar Public Service Commission, through the Secretary, 15, Jawahar
Lal Nehru Marg, Bailey Road, Patna- 800001.
7. The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru
Marg, Bailey Road, Patna- 800001.
8. The Controller of Examination, Bihar Public Service Commission, 15,
Jawahar Lal Nehru Marg, Bailey Road, Patna-800001.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. P.K. Shahi, AG
Mr. Md. Nadim Saroj, GP- 5
Mr. Shailesh Kumar , AC to GP- 5
For the Respondent/s : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
Mr. Kumar Kaushik, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Patna High Court L.P.A No.9 of 2025 dt.20-01-2025
2/5
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 20-01-2025
Re.- I.A. No. 1 of 2025 :-
Mr. P.K. Shahi, the learned Advocate General for
the appellants presses I.A. No. 1 of 2025 for condoning
the delay of 167 days in preferring this appeal.
2. For the reasons stated in the application, the
delay of 167 days in preferring this appeal is condoned.
3. I.A. No. 1 of 2025 stands allowed.
Re.- L.P.A. No. 9 of 2025 :-
4. The State has preferred this appeal against
the order passed by the learned Single Judge on
19.07.2024
passed in C.W.J.C. No. 9413 of 2024.
5. By the aforesaid order, based on the
averments made on behalf of the respondents/petitioners
that no weightage was given to the contractual employees
for having served on the post, in the examination, a
direction was issued to the Commission to consider the
representation of the respondents/ petitioners and a
decision to be taken within fifteen days from the date of
Patna High Court L.P.A No.9 of 2025 dt.20-01-2025
communication and receipt of the copy of the writ
petition, considering the fact that the process of interview
is in progress.
6. We find from the order that the writ petition
was disposed off.
7. However, as a purely ad-hoc measure, it was
directed by the learned Single Judge that in the
meantime, the above-named respondents would not
publish the final result of the examination.
8. This proscription of publishing the result,
therefore, is only for the period till the time a decision
would be taken by the Commission on the representation
preferred by the respondents/petitioners as directed by
the learned Single Judge.
9. It appears from the pleadings of the parties
that a decision has been taken by the B.P.S.C. over such
representation, albeit such order not being to the liking of
the respondents/petitioners, for which they have chosen
to file a contempt petition.
Patna High Court L.P.A No.9 of 2025 dt.20-01-2025
10. It further appears from the records that
three advertisements were published by the Commission
and the litigation before the learned Single Judge was
only with respect to advertisement No. 18 of 2024 and
not for the selection process initiated by the other
advertisements.
11. In any view of the matter, the stay order
contained in paragraph No. 8 of the impugned order
operates only till the B.P.S.C. disposes off the
representation of the respondents. This stands admitted
by the respondents/petitioners in their counter-affidavit.
12. The petition, therefore, stands disposed off
with the afore-noted clarification.
13. We have said so on the undertaking of the
learned counsel for the Commission that the review
petition before the learned Single Judge shall be
withdrawn.
14. We have passed this order only for ensuring
the expeditious conclusion of the selection/recruitment
Patna High Court L.P.A No.9 of 2025 dt.20-01-2025
process which was undertaken by the B.P.S.C.
15. The contempt petition pending before the
learned Single Judge would be contested by the parties if,
at all, it is found to be maintainable.
16. I.A. No. 2 of 25 for stay of the impugned
order also stands disposed off accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sauravkrsinha/
Sunil-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2025
Transmission Date NA
