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Patna High CourtCWJC/2037/2025disposed

Shakil Ahamad Khan v. The State Of Bihar

2025-02-10Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2037 of 2025 ====================================================== Shakil Ahamad Khan Son of Md. Wasim Khan Resident of E 15, Ward No. 02, Koshi Colony Birpur, Basantpur, P.S. Birpur, District Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief, Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief, Secretary, Education Department, Govt. of Bihar, Patna.

3.

The BNihar Public Service Commission, Bailey Road, Patna. 4.

The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 5.

The Secretary, Bihar Public Service Commission, Bailey Road, Patna. 6.

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

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

For the Petitioner/s :

Mr. Sanjay Kumar Verma, Advocate Mr. Ajit Kumar Singh, Advocate Mr. Abhishek Kumar, Advocate Mr. Onkar, Advocate For the State :

Mr. S.P. Singh, GA-3 Mr. Shiv Kumar, AC to GA-3 For the B.P.S.C.

:

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-02-2025 Heard Mr. Sanjay Kumar Verma, learned counsel appearing on behalf of the petitioner; Mr. S.P. Singh, learned GA-3 along with Mr. Shiv Kumar, learned AC to GA-3 appearing on behalf of the State and Mr. Sanjay Pandey, learned counsel along with Mr. Nishant Kumar Jha, learned counsel for the Bihar Public Service Commission.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is

Patna High Court CWJC No.2037 of 2025(2) dt.10-02-2025 2/3 reproduced hereinafter:

"i) The respondents be directed to act pursuant to the terms of the advertisement as contained in the Advertisement bearing Advertisement No. 22/2024 with enabling clause given in the advertisement facilitating for giving priority in the allotment of the district as per the merit position as well as the availability of the vacancy in the particular district. ii) The impugned action of the respondents in not allotting Patna District to the petitioner as per his first option given in the application form despite his merit position and availability of the vacancy in Patna District be highly deprecated and accordingly be declared as illegal, arbitrary and without any semblance of law.

iii) The respondents be directed to grant all the consequential benefits to the petitioner for which he is found entitled to in the facts and circumstances of the case.

iv) For any other relief or reliefs be granted to the petitioner for which he is legally entitled to in the facts and circumstances of the case."

2. Learned counsel appearing on behalf of the petitioner informs that he has already filed a detailed representation before the Additional Chief Secretary, Education Department, Government of Bihar, on 15.01.2025 for redressal of the grievance as prayed for in the present writ petition, but the same is pending till date. He further informs that petitioner has also filed a detailed representation before the Controller of the Examination, Bihar Public Service Commission, Patna, on 11.01.2025 for getting himself appointed in Patna District.

3. Considering the aforesaid information given on behalf of the petitioner, as well as, the steps taken by the petitioner, who has already filed representation before the

Patna High Court CWJC No.2037 of 2025(2) dt.10-02-2025 3/3 Additional Chief Secretary, Education Department, Government of Bihar and has also given information relating to his grievance to the Controller of the Examination, Bihar Public Service Commission, Patna, the Additional Chief Secretary, Education Department, Government of Bihar, is directed to call for the particulars relating to the petitioner from the Bihar Public Service Commission and redress the grievance of the petitioner after verifying whether any vacancy exists in Patna District, in the category, to which the petitioner has claimed and also dispose of the representation filed on behalf of the petitioner by passing a reasoned order expeditiously taking into consideration that the selection process has already been started after publication of the final result.

4. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U