Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1868 of 2023 ====================================================== 1.

Upendra Kumar, Son of Sri Suresh Prasad, Resident of Mohalla- Etwari Bazar, Biharsharif, Nalanda, P.S. Biharsharif, PIN 803101, District- Nalanda (Bihar).

2.

Amrendra Kumar, Son of Late Shyam Kishore Singh, Resident of Mohanpur, P.O. and P.S.- Maner, District- Patna, PIN- 801108 3.

Pankaj Kumar, Son of Ram Kishore Rai, Resident of Village- Musepur, P.O. and P.S.- Bihta, District- Patna, PIN- 801103 4.

Ranjan Kumar, Son of Manoj Kumar Singh, Resident of Village- Mishrichak Narayanpur, P.O. and P.S.- Bihta, Patna- 801101 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Health Department, Government of Bihar, Patna.

2.

The Superintendent, Anugrah Narayan Magadh Medical College, Gaya, District- Gaya.

3.

District Magistrate, Gaya.

4.

The Secretary, Department of Personnel, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Prasad, Advocate Mr. Ajit Kr. Sinha, Advocate For the Respondent/s :

Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-06-2023 1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

For outsourcing certain services and requirements, the Hospital issued a notice inviting tender from desirous candidates. The petitioners claim to have applied in response to the notice/advertisement (Annexure-A to the counter-affidavit). Writ application has been filed seeking a

Patna High Court CWJC No.1868 of 2023(2) dt.27-06-2023 2/3 direction to consider petitioners' representation (Annexure-1 to the writ application).

3.

The representation reads as follows:- "I beg to say that applied post Eligible candidate so an so may be issue representation filed by the respondents authority which is tillby pending as final. Additional for a direction to the respondent Authority Assebal petitioners Namely (1) Upendra KumarEF4849988916IN dated 20.12.2022 (2) Amrendra Kumar - EF484998893IN dated 20.12.2022 (3) Pankaj Kumar - EF484998902IN dated 20.12.2022 (4) Ranjan Kumar - EF484998920IN dated 20.12.2022. Result of both all applied post of office care candidate declared on Lottery Base and both were selected dated. please take notice that I am going to file the aforesaid writ application please taken Notice. Disposal consider and Direction. kindly acknowledgement, the receipt my representation disposal."

4.

From reading of the representation, no claim is made out based on which the petitioners can invoke writ jurisdiction. It is apparent that no right subsists for disposal of the representation which the petitioners have filed, apart from the fact that the representation itself does not make any sense as to what the petitioners want.

5.

Be that as it may, in paragraph-10 of the counter-affidavit, the respondents have taken a stand that the tender in question has already been canceled and the authorities

Patna High Court CWJC No.1868 of 2023(2) dt.27-06-2023 3/3 have taken a decision to invite tender afresh. 6.

Writ application has thus become infructuous and is accordingly dismissed.

(Madhuresh Prasad, J) shashank/- U