Rakesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2333 of 2019 ====================================================== Rakesh Kumar, aged about 45 years (Male), Son of Sri Lakshman Prasad, resident of opposite New Bus Stand, Ramchandrapur, Biharsharif, Nalanda, P.S. Laheri, District- Nalanda.

... ... Petitioner/s

Versus

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

2. The Principal Secretary, General Administrative Department, Bihar, Patna.

3. The Bihar Public Service Commission through its Chairman, Bailey Road, Patna.

4. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.

5. The Secretary, Bihar Public Service Commission through the Chairman B.P.S.C. Bailey Road, Patna.

6. The Examination Controller, Bihar Public Service Commission, Bailey Road, Patna.

7. Prof. (Dr.) Ram Kishore Singh, Member, Bihar Public Service Commission, Bailey Road, Patna.

8. Mr. Shakti Samant, Member, B.P.S.C., Bailey Road, Patna.

9. Sri Pradeep Kumar Pandey, Member, Bihar Public Service Commission, Bailey Road, Patna.

10. Sri Sudhanshu Kumar, Merit List 554, BC Category (05), last rank, Roll No. 232002 (56th to 59th CC Exam) through Joint Secretary-cum-Examination Controller, B.P.S.C., Patna.

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

For the Petitioner/s :

Mr. Rajesh Kumar Sharma, Adv.

For the BPSC :

Mr. Ashok Kumar Choudhary, Adv.

Mr. Akshansh Ankit, Adv.

For the State :

Mr. Manish Kumar, GP-4 ======================================================

Patna High Court CWJC No.2333 of 2019 dt.15-02-2019 2/3 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 15-02-2019 Heard Mr. Rajesh Kumar Sharma, learned Advocate for the petitioner, Mr. Ashok Kumar Choudhary, learned Advocate for the Bihar Public Service Commission/respondent Nos. 3 to 9 and Mr. Manish Kumar, the learned counsel for the State/respondent Nos. 1 and 2.

2. The petitioner had preferred a writ petition earlier before this Court vide C.W.J.C. No. 5552 of 2018 with identical prayer, which was rejected. In appeal (L.P.A. No. 739 of 2018), the Division Bench of this Court refused to interfere with the finding and direction of the learned single Judge, but gave the liberty to the appellant/petitioner to approach the writ-Court again in review, in case any discrepancies found in the evaluation of the answer-books by the petitioner.

3. In view of the aforesaid order passed in L.P.A. No. 739 of 2018, the present writ petition ought not to have been filed straightway.

4. The learned counsel for the petitioner seeks

Patna High Court CWJC No.2333 of 2019 dt.15-02-2019 3/3 permission to withdraw this writ petition in order to prefer a review, in case so desired, before the Hon'ble single Judge, who has passed the order in C.W.J.C. No. 5552 of 2018.

5. With the aforesaid observation and direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.02.2019 Transmission Date N/A