Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1008 of 2016 IN Civil Writ Jurisdiction Case No. 2605 of 2000 ===========================================================

1. Rajesh Kumar Son of Sri Basant Bihari Singh Resident of village - Garauli Police Station - Baikunthpur, District Gopalganj. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Director Panchayati Raj Secretariat, Bihar, Patna.

3. The Managing Committee through the Chairman of Zila Parishad, Gopalganj.

4. The Zila Parishad, Gopalganj through its Deputy Development Commissionercum-Chief Executive Officer, Zila Parishad, Gopalganj.

5. Kanhaiya Prasad Son of Gautam Prasad Resident of Village Sisai Police Station - Safiabad, District - Gopalganj.

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

For the Appellant/s : Mr. Dhananjay Kumar, Advocate For the Respondent No.4 : Mr. Ranjeet Kumar Pandey, Advocate For the Respondent No.5 : Mr. Radheysyam Kumar, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-06-2017 Seeking exception to an order dated 01.04.2015 passed by the Writ Court in CWJC No.2605 of 2000, this appeal has been filed under Clause 10 of the Letters Patent.

In the matter of appointment of Junior Engineer in the Zila Parishad, the writ petition filed by the petitioner has been rejected mainly on the ground that the petitioner has challenged the qualification prescribed in the recruitment process after having participated in the recruitment process. That apart, with regard to benefit to be granted to

Patna High Court LPA No.1008 of 2016 dt.21-06-2017 2/2 the petitioner after having obtained Apprentice Training under the Apprenticeship Act, 1961 after relying upon the judgment rendered by the Supreme court in the case of U.P. State Road Transport Corporation & Anr. Vs. U.P. Parivahan Nigam Shishukhs Berozgar Sangh & Ors. [AIR 1995 SC 1115] , the learned Writ Court has refused to interfere into the matter.

On going through the detailed order passed by the learned Writ Court which includes consideration of the law laid down in the case of U.P. State Road Transport Corporation (supra), we are not inclined to interfere into the matter as we find no error in the order passed by the learned Writ Court warranting reconsideration. The appeal is, accordingly, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.06.2017 Transmission Date