Ashok Kumar Akela v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18049 of 2018 ====================================================== Ashok Kumar Akela Son of Sri Bishundeo Yadav, Resident of VillageMahua, Police Station and District- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of General Administration, Govt. of Bihar, Patna 2.

The Commissioner, Koshi Division, Sharsa.

3.

The District Magistrate, Supaul.

4.

The Deputy Development Commissioner, Supaul.

5.

The Additional Collector, Supaul.

6.

The Deputy Collector Establishment, Supaul Collectorate, District- Supaul. 7.

The Deputy Collector Nazarat, Supaul Collectorate, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Respondent/s :

Mr.Mithlesh Pd. Singh, AC to GA4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-05-2019 Matter has been listed today in the summer vacations as learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May, 2019, published prior to the vacation. The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the court for disposal of the matter.

Heard counsel for the petitioner and counsel for the respondents-State.

Patna High Court CWJC No.18049 of 2018(2) dt.29-05-2019 2/3 Petitioner is empaneled since 2012 for appointment to Class IV post. In absence of sufficient female candidate to fill up the horizontally reserved seats, counsel for the petitioner submits that the petitioner should be considered for filling up the post.

It is agreed between the parties that the matter in issue is covered by decision in the case of Dinesh Kumar Ram & others vs State of Bihar & others decided by order dated 14.03.2019 in CWJC no. 9408/2016. In the said case this court has directed as follows:- "In the circumstances, this court would direct respondent no.4 to complete the process expeditiously and without any undue delay in light of the provisions contained in their own resolution dated 28.1.2016 including the provisions extracted hereinabove". It is agreed that the matter has to be considered by the authorities themselves and that the instant proceedings need not be kept pending, and that matter may be disposed of in terms of writ petition of Dinesh Kumar Ram(supra).

In the circumstances, this court would direct respondent no.3 (District Magistrate, Supaul) to complete the process of consideration expeditiously and without any undue delay in light of the provisions contained in their own resolution dated 28.1.2016 including the provisions contained in resolution

Patna High Court CWJC No.18049 of 2018(2) dt.29-05-2019 3/3 dated 20.1.2016 taken note in order dated 14.03.2019 passed in CWJC no. 9408/2016.

Writ petition is disposed off with the aforesaid observations.

(Madhuresh Prasad, J) s.hassan/- U