Neeraj Kumar Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1110 of 2017 IN Civil Writ Jurisdiction Case No. 5151 of 2017 ===========================================================

1. Neeraj Kumar Rai son of Shri Brijesh Rai resident of Village + Post - Lilkar, P.S. - Sikandarpur, District - Ballia (U.P.).

2. Kumar son of Shri Paras Prasad resident of At - Marwari Mohalla, Narkatiyaganj, P.S. - Shikarpur, District - West Champaran.

3. Dilip Kumar son of Late Dinath Prasad resident of Village + Post - Chanpatia, P.S. - Chanpatia, District - West Champaran.

4. Ajay Kumar Rao son of Shri Durgendra Rao resident of At - Shyampur, P.O. - Sheorajpur, P.S. - Nautan, District - West Champaran.

5. Devendra Prasad son of Shri Sinhasan Prasad resident of Village - Bhainsahi, P.O. - Padarkhar, Via - Bagha, P.S. - Bhairoganj, District - West Champaran.

6. Ajay Kumar son of Late Arun Kumar Singh resident of Village - Rohua Rajaram, P.S. - Mushahari Farm, P.S. - Mushahari, District - Muzaffarpur. .... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Finance Department, Bihar, Patna.

2. Bihar Public Service Commission, Patna through its Secretary.

3. Chairman, Bihar Public Service Commission, Patna.

4. Secretary, Bihar Public Service Commission, Patna.

5. Pankaj Kumar Verma son of Shri Sakaldeo Prasad resident of Village + Post - Dharmpur, Via - Chanpatia, P.S. - Sathi, District - West Champaran.

6. Vikas Kumar son of Late Anil Singh resident of Company Saraya, Sasaram, P.S. Sasaram, District - Rohtas.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. AJAY KUMAR RASTOGI-AAG10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 05-03-2018 Seeking exception to an order dated 29.06.2017 passed by the learned Writ Court in CWJC No. 5151 of 2017 this appeal has been filed under Clause 10 of the Letters Patent.

Patna High Court LPA No.1110 of 2017 dt.05-03-2018 2/3 There being delay of 8 days in filing of this appeal IA No. 8690 of 2017 has been filed seeking condonation of delay The delay in filing the appeal is condoned.

Having heard learned counsel for the parties we find that the writ petition in question was filed whereby challenge was made to the result published by the Bihar Public Service Commission, Patna, on 10.03.2017 with regard to the Accounts Officer (Preliminary) Competitive Examination conducted in pursuance to an advertisement issued in the year 2015 being Advertisement No. 3 of 2015. It was the case of the petitioners-appellants that the petitioners had applied, participated in the process of selection but certain candidates who would possess the education qualification of being Graduation in Commerce, Economics or Mathematics were declared as qualified. However, the petitioners did not indicate the names and particulars of such candidates who are not qualified and who are not eligible to participate in the examination.

The petitioners participated in the examination without any reservation and challenged the result by making a vague and unspecified allegation to the effect that certain persons who are not eligible were declared successful in the Preliminary Test.

Patna High Court LPA No.1110 of 2017 dt.05-03-2018 3/3 matter.

We see no error in the order of the learned Writ Court warranting reconsideration. The appeal stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date06.03.2018 Transmission Date