Kamlesh Kumar Sinha v. The Bihar Staff Selection Commission Through Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7339 of 2017 ======================================================

1. Kamlesh Kumar Sinha, son of Brajballav Sinha, R/o VillageBalwa, P.O.+P.S.- Fatuha, District- Patna.

2. Raghewendra Kumar, son of Binod Bihari Sharma, R/o Village+Post- Bohiya, P.S.- Allipur, District- Gaya.

3. Sanjay Kumar, son of Chandradeo Prasad, R/o Village- Deoghra, P.O.- Dhangawan, District- Jehanabad.

4. Shashi Shekhar, son of Sri Awadesh Pandey, resident of VillageGovindpur, P.S.- Fatuha, District- Patna.

5. Manoj Kumar, son of Late Mundrika Singh, resident of VillageShekhpura, P.S.- Ghoshi, District- Jehanabad. ... ... Petitioner/s

Versus

1. The Bihar Staff Selection Commission Through Its Secretary, Veterinary College, Patna 800014.

2. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna 800014

3. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna 800014 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeep Kumar Mr. Rohit Raj Mr. Ajit Kumar For the Respondens No. 1 to 3 :

Mr. Lalit Narayan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-04-2018 The learned counsel for the petitioners submits that since the petitioners had participated in the selection test that followed advertisement No. 704 of 2004 and had also participated in the physical test and also objected by filing writ petition as well as L.P.A and S.L.P, the respondents be directed to consider the case of the petitioners in light of the judgment of this Court dated 15.03.2017 passed in CWJC No. 17402 of 2016 as well as the judgment of the Hon'ble Supreme Court dated

Patna High Court CWJC No.7339 of 2017(3) dt.16-04-2018 2/2 23.03.2017 passed in Civil Appeal Nos. 2795-2797 of 2017. In view of the submission of the learned counsel for the parties as also the fact that the learned counsel for the Commission has not refuted the aforesaid position in law, I deem it fit and proper to direct the respondent Nos. 1 to 3 to satisfy themselves as to the validity of the candidature of the petitioners and as to whether their claim is covered under the judgment and order of the Hon'ble Supreme Court, referred to hereinabove and in case, the petitioners come within the zone of consideration as per the judgment of the Hon'ble Apex Court, they should be allowed to participate in the ongoing selection process. The said exercise be completed within a period of four weeks from today.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- U