Birendra Kumar Vimal, v. The State Of Bihar Through The Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4160 of 2021 ====================================================== 1.
Birendra Kumar Vimal, Son of Sukhdeo Prasad Yadav, Resident of Village and P.O.-Pariknch, P.S.-Marauna, District-Supaul. 2.
Tribhuwan Kumar, Son of Ramcharitra Singh, Resident of Village-Afzalpur Puraina, P.O.-Nauwachak, Via Bariyarpur, P.S.-Patepur, District-Vaishali. 3.
Dilip Kumar Jaiswal, Son of Rajendra Prasad Jaiswal, Resident of VillageBabura, P.O.-Makaita, Via Jadishpur, P.S.-Dhankund Dhauraiya, DistrictBanka. 4.
Anup Kumar, Son of Om Prakash Thakur, Resident of Village-Lakhaniya Tola (Sangram Chowk), P.S. and District-Katihar. 5.
Kailash Kumar, Son of Surendra Das, Resident of Village-Badipatti, P.O. Jogiyara, P.S.-Bahadurpur, District-Darbhanga. 6.
Sanjay Kumar, Son of Krishna Ray, Resident of Village and P.O.-Hilalpur, P.S. Hajipur (Industrial Area), District-Vaishali. 7.
Ajay Kumar, Son of Bajrangi Bhakta, Resident of Village and P.O.- Kamalpura, Via Bakhra, P.S.-Paru, District-Muzaffarpur. 8.
Nandan Kumar, Son of Surya Shekhar Choudhary, Resident of VillageAugan, P.S.-Bhaganpur, District-Begusarai. 9.
Aditya Kumar, Son of Sri Ram Pravesh Singh, Resident of Village-Sattar, P.s. Mali, District-Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
3.
The Principal Secretary, Department of General Administration, Government of Bihar, Patna.
4.
The Director of Land Record and Survey, Department of Revenue and Land Reforms, Government of Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Respondent/s :
Mr. Md. Khurshid Alam ( Aag12 ) Mr. Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.
Patna High Court CWJC No.4160 of 2021 dt.31-01-2022 2/3 In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of any appropriate order/orders, direction/directions or writ/writs, commanding and directing the Respondents concerned to appoint the petitioners on the post of Amin in lieu of Advertisement No. 2/2019 published by the Department of Revenue and Land Reforms by declaring them as selected as per advertisement and roaster quota since all the petitioners having all requisite qualifications have applied for the post of Amin in response to advertisement No.
2/2019, whereupon they all have been called for counselling of two or three rounds, but in a very illegal, improper, arbitrary and suspicion manner published a final selection list showing all the petitioners as rejected vide R 9 or 10 (Rejection Code) whereas all the petitioners have got much merit points and in none of the counselling it has been pointed out that they don't have requisite qualification. And/or any other relief or reliefs for which the petitioners are found entitled to in the facts and circumstances of this case."
In Para 8 & 9 of the supplementary counter affidavit filed on behalf of the Respondents it is stated as under:-. "8. That it is further stated and submitted that there were altogether twenty sub-centres (Tables) of counseling and similar instruction had been issued to all officials. However, it appears that there have been some confusion with respect to different institutes including the present institute in question. Therefore, while most
Patna High Court CWJC No.4160 of 2021 dt.31-01-2022 3/3 candidates having similar certificates have been rejected, some candidates having similar certificates have been appointed.
9. That it is further stated and submitted that verification of various kinds of certificates issued by different institutes is under process. The Department vide letters dated 06.10.2021 has sent the certificates to various institutions for verification. When verification report has not been submitted, reminder letter has been sent on 09.12.2021. Once the verification process in completed, the requisite action will be taken."
In the light of the aforesaid statement on behalf of the Respondents the petitioners' grievance is required to be revisited by the concerned respondent. Therefore, the concerned respondent is hereby directed to examine the petitioners' claim and proceed to pass order either accepting petitioners' certificate or rejecting by passing speaking order in the light of paragraphs 8 & 9 of the supplementary counter affidavit as stated above. The above exercise shall be completed within a period of two months from the date of receipt of this order.
With the aforesaid observations, the present writ petition as well as I. No. 01 of 2021 stands disposed off. Vikash/- (P. B. Bajanthri, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A