Tapan Kumar Sharma v. The Bihar State Staff Selection Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.901 of 2019 ====================================================== 1.

Tapan Kumar Sharma S/o Dinesh Sharma Resident of Village and P.O. Barhauna,P.S. Chandi,Dist.-Nalanda 2.

Lakshman Rawat S/o Satya Narayan Rawat, Resident of Village and P.O. Gopalpur,P.S. Chanan,Dist,-Lakhisarai 3.

Braj Bhushan Pandey S/o Late Ram Sakal Pandey Resident of Village and P.O. Patariya,Police Station and Dist.-Jehanabad 4.

Akbar Hassan S/o Abul Hassan Resident of Chhawni Mohalla,Ward No.10, P.O. Bhabua, Dist.-Kaimur ... ... Petitioners

Versus

1.

The Bihar State Staff Selection Commission through its Chairman, P.O. Veterinary College,Patna-800014.

2.

The Chairman, Bihar State staff Selection Commission, P.O. Veterinary College, Patna-800014 3.

The Secretary, Bihar State staff Selection Commission, P.O. Veterinary College, Patna-800014 4.

The State of Bihar, through the Principal Secretary-cum-Commissioner, Home Department,Govt. of Bihar, Old Secretariat, Patna 5.

The Director General of Police, Police Head Quarter, Govt. of Bihar, Old Secretariat, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Sanjeev Ranjan, Adv.

For the State :

Md Fazle Karim, AC to SC-01 For the BSSC :

Mr. Satyabir Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 19-07-2022 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission ( for short 'the Commission').

2. Relying upon orders passed by this Court and Hon'ble Supreme Court of India in favour of other persons, petitioners who were disqualified, are today claiming relief that they may be

Patna High Court CWJC No.901 of 2019 dt.19-07-2022 2/2 considered for appointment as Constables in the process of appointment initiated under Advertisement No. 704 dated 21-09-2004.

3. The issue, as per State counsel and counsel for the BSSC, stands settled under the orders of the Hon'ble Apex Court arising out of writ petition (C) No. 227 of 2019 and its analogous cases (Annexure- E to the counter affidavit). The Court has clearly held as follows:- "20. The Court thus by order dated 01.11.2018 clearly indicated that in event the State of Bihar does not accede to the representation of applicants claiming similar relief to 133 candidates that shall not give rise to any proceedings in any of the Courts. We are not persuaded to grant the said relief in these proceedings under Article 32 of the Constitution."

4. Having regard to the clear mandate of the Apex Court in the said judgment, this Court is not persuaded to proceed any further with respect to the petitioners' claim based on parity in respect of process of selection initiated in the year 2004.

5. The writ petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27-07-2022 Transmission Date