Binay Paswan And ORS v. The Bihar Staff Selection Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8323 of 2014 ===========================================================

1. Binay Paswan Son of Sri Mahavir Paswan Resident of Village- Dih Kodai, P.S.- Gangeya, District- Muzaffarpur

2. Maman Kumar Thakur Son of Parshuram Thakur Resident of village + PostChainpur, P.S.- Bangaon, District- Saharsa

3. Satish Kumar Son of Bishwanath Sharma Resident of village- Niranjan Bigha, P.S.- Dehri-on-Sone, District- Rohtas (Bihar)

4. Shambhu Kumar Son of Mahendra Rai Resident of village- Gulamalichak, P.S.- Bihta, District- Patna .... .... Petitioners

Versus

1. The Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna- 800014

2. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna800014

3. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna800014

4. The State of Bihar through its Chief Secretary, Government of Bihar, Patna

5. The Principal Secretary, Home Department, Government of Bihar, Patna

6. The Principal Secretary, General Administration Department, Government of Bihar, Patna

7. The Director General-cum-Inspector of Police, Bihar, Patna

8. The Inspector General of Police Economic Offence, Bihar, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Adv. For the Respondent/s : Mr. Mahtab Alam, AC to SC20 For B.S.S.C. : Mr. Prabhat Kumar Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-09-2016 Issue raised by these petitioners in the present writ application relates to Advertisement No. 2407 dated 4.8.2007. The post in question was of Auditor.

There has been a long history before appointment on the post of Auditor against the said advertisement before it reached its finality. The Court would not like to waste valuable judicial time by going into

Patna High Court CWJC No.8323 of 2014 dt.06-09-2016 the history of the litigation because the same has already been taken note of in a reported decision with regard to identical dispute. It is the case of Sanjay Kumar Ranjan & ors. v. the Bihar Staff Selection Commission & ors., reported in 2015(4) PLJR 67. The sum essence of the decision noted above is that the Court decided to make a distinction between such people who had passed the Agni Priksha and those who perished in detailed enquiry done by the Economic Offences Wing, State of Bihar.

This Court is not willing to reopen the issue whatever be the merit of submission of the counsel for the petitioners at least with regard to the said appointment because a decision reached by virtue of a judicial intervention is not required to be reopened. Writ application is dismissed.

The rationale and reasoning already provided by the learned Single Judge in his detailed order in the case of Sanjay Kumar Ranjan (supra) will govern the issue.

(Ajay Kumar Tripathi, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.9.2016 Transmission Date NA