Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3052 of 2023 ====================================================== Jyoti Kumari Daughter of Raj Kumar Roy Resident of-Ghonghaur, Rajnagar, Ghonghaur, Madhubani, Madhubani-847235.

... ... Petitioner/s

Versus

1.

The State of Bihar BPSC through its Principal Secreary, Government of Bihar, Patna. (General Administrative Department) 2.

The Principal Secretary, General Administrative Department, Government of Bihar,Patna.

3.

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

The Bihar Public Service Commission through its Chairman 5.

The Secretary, Bihar Public Service Commission. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas For the Respondent/s :

Mr. Manish Kumar (GP-4) For the BPSC :

Mr. Zaki Haider ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2024

1. Heard learned counsel for the parties concerned.

2. The grievance of the petitioner is that the petitioner appeared in the interview for appointment on the post of Assistant Professor in the faculty of Electronics and Communication in Government Engineering Colleges under Science and Technology Department conducted by the Bihar Public Service Commission.

3. Learned counsel for the petitioner submits that the petitioner is holding requisite qualification and is

Patna High Court CWJC No.3052 of 2023(2) dt.02-01-2024 2/3 pursuing her Ph.D from Indian Institute of Information Technology, Bhagalpur and has also been working as Guest Lecturer (Electronics Engineering) in the Government Polytechnic, Katihar, Bhagalpur, but despite that, the interview board has awarded only 03 marks out of total 15 marks, allotted for interview, which is arbitrary.

4. Mr. Zaki Haider, learned counsel for the Bihar Public Service Commission submits that the petitioner has not alleged any malafide against the interview board. The marks awarded by the interview board may not be reviewed by this Court under extraordinary writ jurisdiction. The assessment done by the interview board in absence of any malafide may not be put under judicial review. He next submits that the cutoff marks of EBC (Female) under which the petitioner falls is 28.810 and the petitioner has obtained 26.633 marks, which is less than the cutoff marks.

5. Having heard learned counsel for the parties and taking into consideration the fact that the interview board after assessing the personality and other qualities of the petitioner has awarded 03 marks, which in my opinion

Patna High Court CWJC No.3052 of 2023(2) dt.02-01-2024 3/3 cannot be interfered with by this Court under its writ jurisdiction, accordingly, I do not find any merit in this writ application.

6. This writ application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U