Sibu Kumar v. The Union Of India.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4987 of 2021 ====================================================== Sibu Kumar S/o Ramakant Sah, Resident of Village- Udant Rai Ke Bangra, P.S. - Thawe, District - Gopalganj.
... ... Petitioner
Versus
1.
The Union of India.
2.
The State of Bihar through the Principle Secretary, Administrative Reforms Department, New Secretariat, Vikas Bhawan, Patna, Bihar. 3.
The Bihar Public Service Commission through its Chairman. 4.
The Secretary, Bihar Public Service Commission. 5.
The High Court of Judicature At Patna through the Registrar General. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr.Rupesh Kumar, Advocate For the Patna High Court: Mr. Piyush Lall, Advocate For the State :
Ms. Divya Verma For the BPSC : Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) Date : 22-06-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference. Learned counsel for the petitioner hereby undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
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2. The present writ petition has been filed "for a direction to the respondents to grant reservation for the grand children of the freedom fighters which has been granted in selection of the candidates for other services like Bihar Public Service Commission (hereinafter referred to 'BPSC'), Bihar Assistant Prosecution Officer, Police Sub-Inspector."
3. Learned Senior counsel Mr. Baxi S.R.P. Sinha appears and submits that pursuant to Advertisement No. 04/2020, the petitioner appeared in the preliminary examination of 31st Bihar Judicial Service Examination. It is stated that while some categories of persons were provided reservation in the advertisement, no provision for reservation has been made for persons such as the petitioner who is a grandchild of a freedom fighter, although such reservation has been provided for in relation to other examinations conducted by the BPSC.
4. Learned counsel for the Patna High Court, State as well as BPSC appear and have been heard.
5. Considering that the issue raised by the petitioner is a matter of policy, this Court does not propose to pass any positive order at this stage. The writ petition stands disposed of with liberty to the petitioner to file an appropriate representation before the concerned authority for relief, if so advised.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by
Patna High Court CWJC No.4987 of 2021 dt.22-06-2021 3/3 the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) Ibrar//- ( Anjani Kumar Sharan, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 29.06.2021 Transmission Date N.A.