Dayashankar @ Daya Shankar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3598 of 2019 ====================================================== Dayashankar @ Daya Shankar S/o Lal Bahadur Singh Resident of Village Sawerji ,Sauren,P.O and PS Mirganj,District Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary Agriculture Department ,Government of Bihar,Patna 3.

The Director Bihar Agricultural Management and Extension Training Institute BAMETI Bihar,Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh For the Respondent/s :

Mr. Gajendra Prasad Yadav(SC17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who was one of the applicants for being considered for appointment on the post of Assistant Technical Manager in Bihar Agricultural Management & Extension Training Institute (hereinafter referred to as "BAMETI" for short), Bihar, Patna, has approached this Court on being aggrieved by the fact that because of non-generation of the ID due to faulty website of the respondent organization, the petitioner could not participate in the counseling.

Patna High Court CWJC No.3598 of 2019 dt.26-02-2019 2/3 It is the case of the petitioner that he had applied for being considered for the aforesaid post against the advertisement which was issued on 12.12.2018. The petitioner has all the requisite qualifications, but because of the ID of the petitioner not being generated through the website of the BAMETI, he could not be considered. The objection also was sent by the petitioner through e-mail to the Director, BAMETI as also to the incharge, IT Cell, BAMETI, but to no avail. Under the aforesaid facts and circumstances, a prayer has been made by the petitioner for allowing him to take part in the counseling.

The averments made in the petition do not indicate whether the process of appointment has been completed. This Court is also not aware whether the posts which have been advertised have been filled up. To that extent, the pleadings in the present petition is absolutely deficient and incomplete. Be that as it may, since the petitioner was the applicant, having all requisite qualifications to appear in the examination and he could not appear in counseling only because of faulty website of BAMETI, he ought to be given a chance to be considered for

Patna High Court CWJC No.3598 of 2019 dt.26-02-2019 3/3 such post, provided the averments made by him in the present petition are found to be absolutely correct.

In the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to make a representation before the Director, BAMETI (Respondent No. 3) within a period of one week from today, enclosing a copy of the present order, which representation shall be disposed off by the concerned authority, i.e., Respondent No. 3 within a reasonable period of time. In case, the process of appointment is still afoot, the concerned authority shall consider the case of the petitioner as well.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 28.02.2019 Transmission Date