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Patna High CourtCWJC/5224/2017disposed

Shiv Prakash Rai v. The State Of Bihar And ORS

2018-03-12Mr. Justice Rajeev Ranjan Prasad,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5224 of 2017 ====================================================== Shiv Prakash Rai, Son of Late Nageshwar Rai, Resident of village - Gali No. 2, Dhobighat Charitarwan, Buxar, P.S. Town, P.S. Buxar, District - Buxar ... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna

2. The Chief Secretary, Government of Bihar, Patna

3. The Principal Secretary, Science and Technology Department, Government of Bihar, Patna

4. The Director, Science and Technology Department, Government of Bihar, Patna

5. Bihar Public Service Commission through its Secretary, Bailey Road, Patna

6. Chairman of Bihar Public Service Commission, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Miss. Ritika Rani, Advocate For the Respondent/s :

Mr. Ajay-GA-5 Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-03-2018 This Public Interest Litigation has been filed complaining inaction on the part of the State Government for filling up vacancies on the post of Assistant Professors, Lecturers, Teaching Staff and Non-teaching Staff in Government Engineering Colleges and Polytechnic Colleges. The matter is being monitored and evaluated by this Court from time to time for the last one year and from the materials that have come on record, we find that for the post of

Patna High Court CWJC No.5224 of 2017 dt.12-03-2018 2/3 Assistant Professors and Lecturers, action has been taken and substantial appointments to these posts have been made. As far as appointments on the post of Ministerial Staff and Technical Assistants are concerned, from the second supplementary counter affidavit filed by Respondent No. 4 on 31st of January, 2018, we find that for filling up 186 vacant post of Clerks, requisition was sent to the Bihar Staff Selection Commission and thereafter reminder on 31.05.2017 and the Bihar Staff Selection Commission is in the process of issuing the advertisement and filling up of these posts. Similarly, for filling up 432 posts of Technical Assistants, the Bihar Staff Selection Commission is already seized of the matter and action is being taken. With regard to Technical Assistants and Instructors, action has been taken and the matter is pending with the General Administration Department for finalization.

The General Administration Department to expedite the filling up of these posts and accord requisite sanction. We direct the State Government, the General Administration Department and the Bihar Staff Selection Commission and the Bihar Technical Staff Selection Commission to proceed with the selection process and ensure that selections to the posts in question are completed preferably

Patna High Court CWJC No.5224 of 2017 dt.12-03-2018 3/3 within six months from the date of receipt of certified copy of this order, subject to there being no hindrance by legal proceedings or otherwise. Liberty shall be available to the respondents to seek extension of time of this period in case cogent and justifiable grounds are made out.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.03.2018 Transmission Date